Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is the representative director of C corporation established for the purpose of rendering services within the military unit.
"2013 Highest 8362"
1. The Defendant, under the name of the right to operate the restaurant in the Dongducheon-gun Military Base, did not have the right to operate the restaurant in the Dongducheon-gun Military Base, and did not have contact with the pertinent department of the military unit having jurisdiction over the right to operate the restaurant. Therefore, even if the money was received as the down payment, etc. for the right to operate the restaurant, there was no intention or ability to grant the right to operate
Nevertheless, on November 1, 2012, the Defendant, at the Seocho-gu Seoul Metropolitan Government D Apartment 101 Dong-dong 803, 201, issued a false statement to the effect that “the Defendant was entitled to operate the restaurant in the Dongducheon-gun Military Base. When operating the above restaurant, money may be given to the Defendant.” The Defendant received KRW 50 million from the victim on December 1, 2012, as the down payment and intermediate payment for the above restaurant operation right.”
Accordingly, the defendant deceivings the victim, thereby deceiving 50 million won.
2. A nominal morale accused in the U.S. military base had no intention or ability to engage in employment with a person who exercises influence over, or exercises such influence over, the employment of a civilian military employee within the U.S. military unit;
Nevertheless, around December 1, 2012, the Defendant, at the home of the above victim, made a false statement to the effect that “in relation to Fwons working in the U.S. military unit, he/she can be employed as a civilian military employee of the U.S. military unit for his/her father and son’s family members through F original intent.” The Defendant received a total of KRW 30 million from the victim, including KRW 15 million on December 8, 2012, and KRW 15 million on December 24, 2012, including KRW 15 million on December 24, 2012.
Accordingly, the defendant deceivings the victim, thereby deceiving 30 million won.
3. A restaurant belonging to the U.S. Embassy in the Yongsan-gun District Base.