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(영문) 인천지방법원 2018.05.08 2017가단222251

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. From October 14, 2015 to December 18, 2017, Plaintiff A’s KRW 38,265,376 and its related amount.

Reasons

1. On February 15, 2017, the Incheon District Court sentenced the Defendant to 10 months of imprisonment, 2 years of suspended sentence, and 160 hours of community service order (hereinafter “relevant criminal judgment”) on the grounds of credit damage and attack, and sentenced the Defendant to 10 months of imprisonment, 2 years of suspended sentence, and 160 hours of community service order (hereinafter “relevant District Court Decision”), and the above judgment became final and conclusive on February 23, 2017, and the criminal facts found guilty in the above judgment are as follows:

Punishment of the crime

1. The Defendant, from February 2012, 2012, served as the managing director of the Plaintiff A (the age of 57) who was operated by the victim A (the age of 57) as the representative, retired from the said company around August 2015, due to the conflict of opinion on the method of company operation.

On July 30, 2015, the Defendant, at the office of the victim located in the Nam-gu Incheon Metropolitan City, the victim, “I wish to pay money to the above company. I know that this company has a lot of tax issues due to the window dressing accounting, corruption, and defensive management. I think that I think it well because I have certain evidence, I think it well, and that I change my own ability to pay money to the victim.”

The Defendant: (a) took the victim’s attack and transferred 28,265,376 won to the victim, around October 12, 2015, around October 14, 2015; and (b) obtained the victim’s share of KRW 2012,00,000,000 from the victim’s share of KRW 28,265,376; and (c) received the share of used cars from the victim to eight million.

In this respect, the defendant received property and acquired property benefits by threatening the victim.

2. Damaging credit;

A. From August 2015 to September 2015, the Defendant stated to the representative G of the FF Co., Ltd., the customer of the victim B, “B promptly wishes to take over the sentence B and prepares the acquisition fund. B management’s operation is a blurging network to close the door immediately, and it will be deemed that the transaction would result in damage if it is traded.”

B. The Defendant around September 2015.