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(영문) 의정부지방법원 2017.06.29 2016가단11462

부당이득금

Text

1. The Defendants jointly share KRW 2,413,400 with respect to the Plaintiff and the period from March 29, 2016 to June 29, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) Defendant B, a multi-level marketing business entity located in Gangnam-gu Seoul Metropolitan Government (hereinafter “G”) from February 2, 2009 to April 2014, 2014

(2) While working as the representative director of G, Defendant C took overall charge of the recruitment of salespersons and the payment of support allowances, etc. from around April 22, 2013 to around December 2013, and Defendant C took overall charge of the recruitment of salespersons and the payment of support allowances. Defendant D took overall charge of the recruitment of salespersons and the payment of support allowances, etc. from around January 2009 to around December 1, 2009. Defendant E promoted to “pine tree group head” of G by promoting that the salespersons belonging to the pine group can receive more than the cost of purchase of goods than the cost of goods if they purchased goods from G by using marketing franchise, important official matters, allowances and trademarks. 2) The Plaintiff, as the goods seller, paid KRW 28,560,90,000 in total over several occasions from August 2013 to December 20.

3) However, the Defendants included the Plaintiff in the “victim” list of crimes listed in the separate sheet of crime in the separate sheet of crime in the Seoul Central District Court (1), (2) and (5). The Plaintiff’s sales period from August 26, 2013 to December 27, 2013, the total sales amount of KRW 13 cases, total sales amount of KRW 28,560,90, total allowances of KRW 8,214,000. The Defendants were indicted due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Seoul Central District Court 2014Da816, KRW973 (combined)). Defendant B was sentenced to six years of imprisonment, Defendant C, and D’s imprisonment with labor, and Defendant E’s imprisonment with labor for three years and six years from August 26, 2013, and Defendants were reversed by the Seoul High Court (Seoul High Court 2015No5375, May 27, 2015).