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(영문) 서울동부지방법원 2020.04.22 2019나23048

대여금

Text

1. The appeal by the defendant C shall be dismissed;

2. Of the judgment of the court of first instance, the part against Defendant D is revoked, and the revocation part is revoked.

Reasons

1. The facts below the basis of facts may be admitted as either the dispute between the parties or as a substantial fact in Gap evidence 4, Eul evidence 1-2, Eul evidence 2-1, Eul evidence 2-2, and this Court.

Defendant C is the spouse of the co-defendant B (hereinafter “B”) of the first instance trial, and Defendant D is the father and wife of the first instance trial.

B. The Plaintiff, by deceiving B from the Plaintiff, remitted KRW 19 million to B’s account under the name of B as necessary to invest in the bond business entity, KRW 3 million on July 9, 201, KRW 3 million on March 20, 2012, KRW 500,000 in cash on July 25, 2012, and KRW 500,00 in cash on August 25, 2012, respectively, transferred KRW 60,000 in the name of B under the name of B on September 14, 2012, KRW 30,000 in the name of B, KRW 19,00 in the name of Defendant C, KRW 1,9 million in the name of Defendant D, KRW 1,9 million in the name of Defendant C on September 20, 201, KRW 201 in the name of Defendant C on September 14, 2012, and received KRW 201,50,000 in the name of Defendant C.25.

Accordingly, B was prosecuted in Suwon District Court 2015 Godan2921 fraud case.

On August 10, 2016, the above court rendered a judgment of conviction against B, who was sentenced to ten months of imprisonment with prison labor, and was finally affirmed around that time due to the dismissal of B’s appeal from the appellate court (U.S. District Court 2016No525) to October 28, 2016.

C. On July 19, 2018, the Plaintiff received money in cash or remitted money to B’s account under the name of B among the criminal facts of the above criminal judgment is the Defendants.