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(영문) 부산지방법원 2020.06.23 2019가단308019

손해배상(기)

Text

1. As to Plaintiff A’s KRW 19,30,00, and KRW 8,550,000 for Plaintiff B and each of the said money, the Defendant shall start from July 28, 2016 to 20.

Reasons

1. Basic facts

A. The defendant is a person who was in the position of president of the D University.

In fact, the defendant was not a school authorized by the Government of the United States of America, but a school authorized by the Government of the Republic of Korea to take lectures or obtain degrees from the above school, but the above school was a regular university authorized by the Government of the United States of America, and the lectures or degrees conferred by the above schools were false as if they were able to be recognized from domestic universities.

B. On January 2, 2015, Plaintiff A included Plaintiff A in the doctorate course at the above school and paid KRW 2,800,000 under the name of E Education Center used by the Defendant for a enrollment fee, and KRW 2,80,000 on April 3, 2015, KRW 2,800,800 on July 23, 2017, and KRW 2,800,000 on October 16, 2015, KRW 850,000 on January 4, 2016, KRW 2,850,000 on March 31, 2016, KRW 40 on March 31, 2016, KRW 40 on August 40, 2016, KRW 205 on May 30, 2015, Plaintiff A paid the above account under the name of the above school.

C. As above, the Defendant was prosecuted for committing a crime by deceiving the victims including the Plaintiffs, etc., by deceiving them under the pretext of tuition fees, using the name of the school called D University without obtaining authorization for the establishment of the school, and operating it in fact in the form of a school (Seoul Central District Court 2018DaDa358, etc.). On August 13, 2019, the above court convicted the Defendant of fraud and the crime of violating the Higher Education Act, and sentenced the Defendant to five years of imprisonment.

D. Accordingly, the Defendant appealed (Seoul Central District Court 2019No2672), and the appellate court dismissed the Defendant’s appeal on February 13, 2020 (Supreme Court 2020Do3481). However, the Supreme Court dismissed the Defendant’s appeal on May 14, 2020, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Each entry of Gap 4, 18, 19, 20 evidence (including paper numbers), the purport of the whole pleadings

2. Liability for damages.

참조조문