부당이득금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 97,778,081 and 44,44 of the above money.
1. The reasons stated in this part are the corresponding part of the judgment of the court of first instance (the corresponding part of the second suspension “1. Basic Facts”) except for the submission or addition of these basic facts as follows, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary or supplementary parts] Part 8 of the first instance court's decision "The progress of a criminal case against the defendant, etc." shall be as follows.
“A criminal case against the Defendant, etc. 1) The Defendant, etc. was indicted on January 31, 2013 on the ground that “a series of actions such as the above constitutes fraud against the Plaintiff.” The gist of the facts charged is that “the Defendant, etc. conspired with the Plaintiff, thereby deceiving the Plaintiff as if he would transfer the right to operate the on-site restaurant, thereby deceiving the Plaintiff to acquire KRW 140 million from the Plaintiff,” even though he did not have the intent to transfer the right to operate the on-site restaurant.
On November 27, 2014, the above court found the defendant et al. guilty of all the charges charged against the above fraud, and sentenced F to imprisonment with prison labor for one year, 1 year of suspended execution in April, and H to a fine of two million won.
[F] In addition to the above facts charged, a separate charge was instituted against I and J (Seoul East Eastern District Court 2014Kadan3 and 2014Modan4). The above cases were consolidated and proceeded. The defendant et al. appealed from Seoul East Eastern District Court 2014No1775, but the above court found the defendant et al. guilty of the above facts charged against the defendant et al. on April 23, 2015, the part against the defendant and H was dismissed. However, the part against F is illegal as to the application of latter concurrent crimes under the latter part of Article 37 of the Criminal Act.
'For reasons, the Court sentenced 8 months of imprisonment and 2 months of imprisonment.
3. The defendant et al. appealed by Supreme Court Decision 2015Do7210, but the Supreme Court made the appeal by the defendant et al. on July 23, 2015.