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(영문) 서울중앙지방법원 2020.06.10 2019가합537779
손해배상(국)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From May 2009, Nonparty B was serving as a noncommissioned Officer at the Army around 1980, and was discharged from military service on July 31, 2015, and the Plaintiff paid KRW 404,500,000 to B in the name of the purchase of land owned by the military.

B. The relevant criminal judgment (1) B was sentenced on May 15, 2019 by the Jeonju District Court to a five-year term of imprisonment for fraud, fabrication of official documents, and uttering of forged official documents (2019No7). The specific criminal facts are as follows.

Defendant

F. B: The plaintiff (the entire facts) was employed by the defendant as the plaintiff in the Army C History of the Army until July 31, 2015.

A person discharged from active service has been investing in stocks since 2010.

On December 2013, the damage occurred and the total amount of the debt including No. 2 financial right has resulted in approximately KRW 100 million, and in order to raise funds for stock investment, he has received money from civilians under the pretext of allowing them to purchase the state property managed by the Ministry of National Defense.

【Criminal Facts】

1. Around December 10, 2013, the Defendant: (a) at the Korea Army Welfare Welfare Center in the Army located in D, on the previous week, the Defendant was an internal object of the Ministry of National Defense with the victim’s “the State property that can be awarded a successful bid in an amount equivalent to 60% of the officially announced land price of active service soldiers: Provided, That after receiving the successful bid, the ownership may be redeemed as at the time when three years elapse since it was deferred to the Ministry of National Defense; (b) and (c) the Defendant filed an application for purchase of ten parcels of land, such as Jeonbuk-si, Kun-si, etc., and deposited KRW 360 million with the State; (c) one of the investors has deposited KRW 360 million with the State; and (d) one of the investors shall return the investment money to a foreign country because of the missionary work.” (e.g., an application for purchase of State property by the Defendant against the victim.

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