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(영문) 광주지방법원목포지원 2017.09.20 2016가단5878

부당이득금

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, KRW 28,400,00, and KRW 13,400,000 among the said money, and each of the said money.

Reasons

1. Facts of recognition;

A. The Defendants are persons who were in de facto marital relationship.

B. On September 11, 2014, Defendant B received a request from the Plaintiff for re-audit of the case of application for adjudication which was filed by the Plaintiff and dismissed by the Gwangju High Court, and the request was made by Defendant B to obtain a favorable judgment in the case of embezzlement for which the internal decision is rendered by the Defendant.

C. Defendant B, on the same day, knew the Plaintiff as the executive officer of the Federation, the head of Seoul Central District Prosecutor’s Office, and the National Assembly member of the National Assembly’s Legal Affairs Committee, thereby having the Plaintiff conduct re-audit of the case of application for adjudication, and having the Plaintiff receive a favorable judgment in the case of embezzlement. However, in order to promote the case of solicitation to the Plaintiff, the expenses need to be incurred.” Accordingly, from September 12, 2014 to October 21, 2014, Defendant B received total of KRW 17,400,000 from the Plaintiff as shown in the attached Table.

The plaintiff deceivings himself by the defendant B.

As described in the paragraph, Defendant B filed a criminal charge of fraud with the intent of deceiving 17,400,000 won, and the prosecutor of the Gwangju District Prosecutors' Office filed a public prosecution against Defendant B on April 22, 2016 with the sentence No. 58390 of the Gwangju District Prosecutors' Office in 2015.

E. On July 21, 2016, the Gwangju District Court found Defendant B guilty of the charge of fraud in relation to Defendant B by the above court 2016Da1162, and sentenced Defendant B to a penalty of one year, 17,400,000 won.

Accordingly, Defendant B appealed as the Gwangju District Court 2016No2562, but the appellate court dismissed Defendant B’s appeal on October 19, 2016, and the above criminal judgment became final and conclusive on October 27, 2016.

F. Meanwhile, on January 8, 2015, Defendant C intended to pay to the Plaintiff as soon as possible, and to reduce the birth pain at the same time, and she was inside her mmoman as he/she was flick, and he/she entered the Plaintiff on the 30th day of each month of this month. He/she entered the same kind of money. He/she entered the same kind of money, and entered 5,500,000 won at that time. The end of this year.