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(영문) 제주지방법원 2017.02.08 2016고정463
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has obtained a patent right for E with D's business entity who engages in water leisure business, such as lending fishing market costs, in Jeju City.

On June 17, 2013, the Defendant submitted an application to the Jeju Intellectual Property Center to receive subsidies (a total of KRW 12,000,000,000,000,000,000,000,000) for the manufacture of prototypes for the “E” which was granted the said patent in relation to the “F business” conducted by the Victim Jeju Intellectual Property Center (the Jeju Intellectual Property Center) on or around July 2, 2013, to receive subsidies for the manufacture of the above prototypes (the total amount of subsidies, subsidies, KRW 9,50,00,00,000,000,000,000) from the Jeju Intellectual Property Center.

In fact, despite that the Defendant was thought to request G, a building manufacturer’s employee, to produce the above prototype, the Defendant thought that he was produced in CCTV installation company I operated by friendly H in order to make the evidentiary materials about the details of the use of the subsidy falsely, and received the subsidy.

Therefore, on September 3, 2013, the Defendant received KRW 4,750,00 from the injured party to transfer the full amount of KRW 4,750,00 to the I account on the same day, and transferred the total amount of KRW 12,00,000,000,000,000 around November 27, 2013, and KRW 325,000,000,00 to the I account as if he/she was spent as a normal project expense. On December 5, 2013, the Defendant submitted the “F Report” to the victim, and submitted the false electronic tax account statement stating as if he/she supplied the Defendant with KRW 12,00,000,00 from the victim, and received KRW 475,00,00 from the injured party as the project expense.

Accordingly, the defendant obtained a total of KRW 9.5 million from the damaged person to receive a total of KRW 9.5 million as project cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to J and H 1.

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