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(영문) 서울중앙지방법원 2019.07.24 2018가합557219

대여금

Text

1. Defendant B and D jointly and severally with the Plaintiff KRW 407,00,000, and Defendant B with respect thereto from September 14, 2018, and Defendant D.

Reasons

1. Basic facts

A. Defendant D related to the Defendants is a person who actually operated F, an incorporated foundation located in Jongno-gu Seoul Metropolitan Government, and Defendant B is a person who was in charge of F’s president, and Defendant C is a director of F and a person who was in charge of F’s management with the secretariat of G operated by F.

B. The Defendants’ embezzlement used the total amount of KRW 6,813,181,984 from June 21, 2007 to January 7, 2010 for purposes unrelated to the educational purpose, such as funds for operating private horse race tracks, debt repayment, real estate purchase-related funds, business funds, etc.

Accordingly, on July 9, 2010, Defendant B was sentenced to imprisonment with prison labor for five years for the crime of violation of the Act on the Aggravated Punishment of Specific Economic Crimes (Embezzlement) and the above judgment became final and conclusive.

(Seoul Central District Court 2010Gohap118, Seoul High Court 2010No1999, Supreme Court 2010Do17195). Defendant C also was sentenced to imprisonment for four years on January 25, 2013 for the above criminal facts, and the above judgment became final and conclusive.

(Seoul Central District Court 2012Gohap1589, Seoul High Court 2013No594, Supreme Court 2013Do7720).

Defendant B and D, despite the absence of intent or ability to repay an amount of money due to embezzlement, etc., Defendant B and D, by borrowing money from the Plaintiff to appropriate it for operating funds, and by deceiving the Plaintiff to immediately repay the money to the Plaintiff as if the payment of the money to the faculty is short of the money, and by deceiving the Plaintiff, the Plaintiff would immediately pay it from May 20, 2009 to September 1, 2009, and by deceiving the Plaintiff, the money was remitted from the victim four times in total as stated in the separate crime list from May 2009 to September 1, 2009, for the purpose of expanding the school building and paying the school staff’s benefits, etc., as stated in the separate crime list, the crime was committed by “a person who acquired money from the victim by transfer of KRW 537 million in total from the victim as a loan for the expansion of the school building and the payment of the school staff’s benefits.”