손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Facts of recognition;
A. On December 2, 2011, the Defendant submitted a written complaint to the Suwon District Prosecutors’ Office to the effect that “The Plaintiff, in collusion with C, D, etc., obtained a deposit of KRW 100 million relating to the right to supply oil for the housing site development zone E in Namyang-si, from the Defendant, such as KRW 120 million, KRW 120 million related to soil and sand transport right, and KRW 538 million related to F Corporation’s right, thereby punishing the Plaintiff.”
B. On December 31, 2015, the prosecution who investigated the accused's accusation case was indicted against the Plaintiff and C on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud, and the court of the first instance found the Defendant guilty on July 14, 2016 and sentenced the Plaintiff and C to imprisonment with prison labor for each year.
(However, the part related to F Corporation's right of KRW 538 million was prosecuted as shown in the charges of Attached 2, but the Plaintiff and C believed that D was actually awarded a contract for construction from G, an incorporated association, and the Defendant cannot be ruled out the possibility of soliciting investment of KRW 500 million as indicated in the facts charged. The Plaintiff was detained on the day according to the above judgment.
C. On February 6, 2017, the Plaintiff and C appealed on the judgment of the first instance court, and the appellate court sentenced C to one year of imprisonment as to February 6, 2017, but on the ground that it is difficult to deem that the Plaintiff conspired with C and D in sequential order and was aware of deceiving the Defendant, the appellate court reversed the judgment of the first instance and acquitted the Defendant.
(The Prosecutor’s appeal on the acquittal portion of the first instance court was dismissed). The Plaintiff was released on the basis of the judgment of the appellate court for seven months after he was detained.
Since then, the prosecution's appeal was dismissed on May 2017.
E. Meanwhile, while the Plaintiff filed a complaint against the Defendant on suspicion of an accusation, the Plaintiff withdrawn the complaint in the course of the investigation, and the prosecution rendered a disposition of non-suspect on August 28, 2015.
grounds for recognition: