beta
(영문) 인천지방법원 2013.12.26 2013고단3639

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On August 31, 2004, the Defendant was sentenced to one year of imprisonment for a crime such as fraud at the High Court for Armed Forces on February 2, 2005, and completed the execution of the sentence in the Army Prison.

[2013 Highest 3639] The Defendant is serving as the Minister for Personnel Management of the Ministry of National Defense from September 30, 2002 to January 28, 2004 as the Presidential Decree of the Army.

On August 31, 2004, the High Court for Armed Forces has been punished and removed from the military register.

1. Around May 16, 2007, the Defendant made a false statement to the victim F in the E’s real estate office located in Seocheon-gu, Seocheon-gu, Seocheon-gu, U.S.D, stating that “The Defendant would have sold real estate owned by the Ministry of National Defense when he/she was under the string to the Army as G flag students, and works for the Ministry of National Defense. The Defendant would have 10,711 square meters of H forests and fields in Gangwon-do purchased at KRW 5

However, the defendant did not have served in the department in charge of managing the property owned by the Ministry of National Defense, and did not have the intent to purchase the property for the victim, and was intended to use the money for personal purposes by receiving it from the victim.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim as the purchase price of land, to the infinite account on the same day, and transferred KRW 45 million to the Agricultural Cooperative account in the name of I on the 23th of the same month.

2. On September 15, 2009, the Defendant made a false statement to the victim K at the second floor office of the commercial apartment complex in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, stating that “The Defendant would purchase the amount equivalent to KRW 30 million of scrap metal and non-ferrous metal sold in the Ministry of National Defense.”

However, as above, the Defendant did not have the intent and ability to allow the victim to purchase the property owned by the Ministry of National Defense, and was intended to receive money from the victim and use it individually.

The Defendant, by deceiving the victim as above, received KRW 3 million on the same day as the purchase price for scrap metal from the victim, and received KRW 27 million on or around the 29th day of the same month from the victim to the non-account.

3. The Defendant is the Nam-gu Incheon around October 6, 2009.