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(영문) 서울중앙지방법원 2013.04.05 2012고단6965
사기
Text

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

Reasons

Punishment of the crime

[2012 Highest 6965] The defendant was a person without a certain occupation. Around July 2006, the defendant was introduced the victim E to conduct the project of implementing the Daegu Suwon-gu Multi-Family Housing (Dilwon), who was known to Pyeongtaek around July 2006, and was willing with C to acquire money from the victim under the name of service cost to raise funds necessary for the project and to select the project.

On July 18, 2006, the Defendant met with C at the office of the victim located in the third floor of the Seocho-gu Seoul Metropolitan Government F Building, while C met with C, the victim “A president was from the special officer of the Army, and the Military Personnel Mutual Aid Association was assigned with a large number of times,” so it is false that the Defendant can make a financing of the PF Fund by the Military Personnel Mutual Aid Association. The Defendant is nothing more than that of the G Business Division, which is the motive of the Defendant in the G Business Division, and the Military Personnel Mutual Aid Association is no more than that of the G Department president. The head of the finance division grants the Military Personnel Mutual Aid Association funds without a condition if the Defendant takes a gift of gold only. (b) Upon entering into a service contract with the KF Building, the head of the finance division made a business presentation to the Si Corporation and the Military Mutual Aid Association within one week, made the Defendant obtain KRW 120 billion from the implementation company (victim company) with the selection of the PF Fund at the expense of KRW 200,3000,00.”

However, the defendant was not a special officer, and even if he received the above service costs from the victim, he did not have the intention or ability to receive the above PF Fund from the Military Personnel Mutual Aid Association.

The Defendant conspired with C in collusion with C to induce the victim, prepared a business services contract with the victim and its position, and received KRW 120 million from the victim as a check in terms of contract deposit and intermediate payment.

[2013Kadan978] On May 18, 2011, the Defendant, at the “J” restaurant of the victim I (the age of 45) located on the second floor of the H building in Sungnam-si, Sungnam-si, Sungnam-si, to K, an employee of the above restaurant.

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