부당이득금
1. The plaintiff's appeal and the claims added by this court are all dismissed.
2. The appeal cost and this court.
1. Basic facts
A. On April 28, 2014, the Plaintiff received a loan certificate from C under the name of the Defendant, and transferred the amount of KRW 19.5 million to the bank account in the name of the Defendant to the bank account in the name of the Defendant.
After that, on May 31, 2014, KRW 10 million was deposited from the above deposit account in the name of the defendant to the agricultural bank account in the name of the plaintiff.
B. On October 29, 2010, C acquired a total of KRW 480,730,000 as shown in the attached Table 2 of the Crimes List, including that C received KRW 8,00,000 from the Plaintiff to the agricultural bank account in his/her name and received KRW 480,730,000 from the Plaintiff on October 29, 2010.
“The Defendant was prosecuted on the facts of the crime (the facts of the crime related to the instant money No. 16) and was sentenced to the Defendant’s imprisonment on August 30, 2016 in the fraudulent case No. 2016 High Court Decision 2016Kadan2898, the Seoul Central District Court sentenced the Defendant to the Defendant’s imprisonment on August 30, 2016. C appealed and appealed as Seoul Central District Court 2016No3473, but dismissed on November 24, 2016. The relevant criminal judgment became final and conclusive around that time.
After December 2, 2017, in the case of fabrication of private documents, etc., Seoul Central District Court Decision 2017 High Court Decision 2017 High Court Decision 24227, Dec. 6, 2017, the summary order of KRW 7,00,000 is "the summary order of this case".
Upon receipt of the above, the Seoul Central District Court 2017 High Court 2017 High Court 3913 applied for formal trial, but withdrawal of the request for formal trial on April 10, 2018, the summary order in this case became final and conclusive as it is on the same day.
The facts constituting the crime relating to the instant case are 1-A.
b-1. Forgery of private documents
A. C written on April 28, 2014, “A” in the form of “A bond with a set of KRW 10,000,000,000,000,000,000,000,000,000.”
As a result, C forged a loan certificate in the name of private document B, which is a private document on rights and obligations.
B. C is February 11, 2015.