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(영문) 서울남부지방법원 2018.10.11 2018고단3884
사기
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On May 2006, the Defendant: “The Defendant is currently studying a non-powered mother, which is insufficient to use money as research funds, and the obligee demanded to grant a patent to B to develop a non-powered mother; the obligee is entitled to obtain a patent to pay the money; therefore, if the Defendant lends money to B to B for the research expenses of the non-powered mother and the money to be repaid to the existing obligee, then the Defendant will then pay the money with a patent granted by the non-powered mother.

“A false representation was made.”

However, the Defendant did not have any idea to apply for a patent for the following facts: (a) the mother, which the Defendant had been engaged in research and development, is not a “non-powered mother” with new technology, but rather a mother who operates directly by returning hand hand, and the structure of which is very simple and considerably lacks capacity; and (b) the Defendant did not have any other occupation or certain import; and (c) at the time, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the injured party.

Nevertheless, from May 23, 2006 to December 31, 2010, the Defendant: (a) by deceiving the victim; (b) received KRW 47,230,000 from the Defendant’s D’s account via 45 times as indicated in the list of crimes in attached Table C; and (c) received KRW 127,00,000 from July 23, 2009 to October 201, the Defendant received KRW 127,00,000 in cash at an unspecified place.

Accordingly, the defendant, by deceiving the victim, acquired a total of KRW 174,230,00 property benefit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of the business process of promissory notes, promissory notes, and a certified copy of the resident registration of A, written judgment, and text notes;

1. Mater explanatory note and photograph, and design data submitted by the person who has been avoided;

1. A statement of accounts in the name of the victim C in the name of the victim; 1. An investigation report (Submission of internal design data at the core of a suspect-free power generation machine) and an investigation report (suspect).

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