beta
(영문) 수원지방법원 2018.11.13 2018가단505660

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, a financial director of C (hereinafter “C”) was investigated by the Financial Supervisory Service on suspicion of market price manipulation using window dressing accounting and internal information.

B. Accordingly, the Defendant, even the Seoul Southern District Prosecutors' Office, told the Plaintiff as if he were under internal investigation, and received money from the Plaintiff to make a solicitation to the prosecution, etc., and around the end of November 2013, the Defendant made a false statement to the Plaintiff, stating, “I will be able to make a request to the prosecution and other relevant agencies, such as the prosecution. It is possible to make a solicitation to the relevant agencies, such as the prosecution, and thus, I will be free from investigation, such as internal investigation, etc., in the pretext of solicitation.” From the end of December 2013 to the beginning of January 2014, the Defendant received KRW 300 million from the Plaintiff as solicitation expenses.

(hereinafter “instant tort”). C.

The Defendant was prosecuted on charges of fraud and violation of the Attorney-at-Law Act in relation to the tort of this case, and the Suwon District Court (2017Gohap301) convicted the Defendant of all criminal facts on November 24, 2017, and sentenced two years to imprisonment.

Accordingly, the Defendant appealed and appealed on the ground of unfair sentencing, but all of the appeals were dismissed.

On August 2017, the Plaintiff received an agreement amounting to KRW 100 million from the Defendant and prepared an agreement and a letter of withdrawal of complaint (hereinafter “instant agreement”) as follows, and submitted it to the criminal court of the first instance.

1. The victim A of the instant case (U.S. District Court 2017 Gohap301 Fraud, etc.) withdraw a criminal complaint against the instant case.

2. The victim seems to have taken place in writing from the defendant and the victim's "the victim" from the victim.

It was agreed to compensate for damages and not to hold any civil or criminal responsibility.

This does not want to punish the defendant.

3. The victim has delegated the power to file and withdraw a complaint to an attorney-at-law who is a representative for the complaint.

참조조문