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(영문) 창원지방법원진주지원 2016.07.07 2015가단5985

손해배상(기)

Text

1. Defendant B, D, E, and F jointly share the Plaintiff KRW 75,000,000,000, and the Plaintiff’s share the same from August 11, 2014.

Reasons

Basic Facts

Defendant B, D, and E, together with G, have a disguised office with a logistics company, and have concluded a cargo transport contract with a person who has reported a false advertisement with a person who has made a false advertisement for soliciting land owners, and have conspired to acquire money for the purchase price of land.

Defendant B, a disguised corporation, provided the name of the representative director of Defendant F (name prior to the change: H) with the cargo transport contract, and provided the name of the representative director of Defendant F (name prior to the change), and transferred the amount of damage to Defendant D with the transfer of the amount of damage, Defendant E had the role of false advertisement, contractor consultation, and contract conclusion, etc. under the name of “I”, “J”, “K”, “A”, etc.

Defendant B, D, and E, even if the Plaintiff received the vehicle price from the Plaintiff, did not have the intent or ability to provide a new string vehicle and a transport string, but the Defendant B, D, and E would make a monthly payment of KRW 9,00,000 per month in the fixed section from the Gim Sea to the string. The false statement was made that “The cost of the 2013 string cargo string 75,00,000 won, which is the 2013 string vehicle, is the 75,00,000 won.”

On August 7, 2014, the Plaintiff transferred KRW 1,500,000 to the post office account (M) in the name of “C (other than Defendant C Co., Ltd.)” opened as the remainder on August 11, 2014, under the pretext of the purchase contract deposit for the land-based vehicles, which belongs to the said Defendants’ false horses.

Defendant B, D, and E were prosecuted by fraud against the Plaintiff and was finally convicted as follows.

Defendant B and D were sentenced to each sentence of imprisonment with prison labor for one year, for one year, for two years in the case of Defendant B as the Incheon District Court 2015No1965-1 (Separation) and for two years in the case of September 23, 2015, for two years in the case of Defendant B, for two years in the case of imprisonment, and for two years in the case of Defendant E and the Supreme Court 2015Do16067, each of which was the appellate court.

Defendant D, on November 18, 2015, shall be punished by imprisonment with prison labor for three years and six months as the father- branch of the Incheon District Court 2015 High Court 1714, 2140 (Merger), 2839 (Merger), and on February 17, 2016.