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(영문) 서울중앙지방법원 2016.06.01 2016가단23180

편취금

Text

1. The Defendant shall pay to the Plaintiff KRW 38,071,004 and the interest rate of KRW 15% per annum from January 28, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On April 201, the Defendant became aware of the Plaintiff at “C”, which is a company for Internet introduction and marriage information, and led to the establishment of D’D’s friendship with the Plaintiff around January 28, 2012, and led to the Plaintiff. The Plaintiff, “B is working at the National Cancer Center in the U.S., where the Plaintiff graduated from the Seoul National University, received a doctor’s degree from the U.S. University, and is working at the National Cancer Center as a major shareholder of the South-North Korean oil industry,” while falsely concluding that “The Plaintiff is a major shareholder of the South-North Korean oil industry that prevents children from running the South-North Korean oil industry.”

On February 11, 2012, at a place where it is difficult to know a place less than the hour of strike, the Defendant: (a) provided that, even if the Defendant received a credit card from the Plaintiff and used it, the Plaintiff did not have any intent or ability to pay the price, but, upon the receipt of the credit card, the Plaintiff would not use the credit card now; and (b) provided that, first of all, if he borrowed a four credit card, the payment shall be made within the limit of 116,704 won in total, as described in the attached Table 1, as stated in the attached Form 1, the Defendant acquired a letter of credit card (BC) from the Plaintiff and provided that, at around 12:45 on the same day, he/she used 14,000 won for food at the “F in E-si on the same day and did not pay the price, thereby having the Plaintiff subrogated the same amount; and (c) acquired property gains equivalent to 30,704 won in total over 116 times from February 11, 2012 to March 23, 2012.

B. The Defendant was indicted on the above facts of the crime, etc. of this Court in the instant case, and this Court sentenced the Defendant to three years of imprisonment on November 28, 2014. The Defendant appealed against the above judgment, but the appeal was dismissed, and the judgment of the first instance became final and conclusive upon the withdrawal of the appeal after the Defendant filed an appeal.