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(영문) 울산지방법원 2017.05.11 2015가합22669
부당이득금
Text

1. The defendant 73,01,000 won to the plaintiff A, 48,305,800 won to the plaintiff B, 119,327,000 won to the plaintiff C, and 60.

Reasons

The defendant's successful bid organization and the plaintiffs' joining the successful bid shall be comprised of 30 million won and 16 won (hereinafter "three-day") on June 3, 2014, the successful bid price of which is comprised of 30 million won and 16 won, the successful bid price of which is 30 million won and 16 won (hereinafter "13-day successful bid"), the successful bid price of which is comprised of 30 million won and 16 won on June 13, 2014, the successful bid price of which is 30 million won and 16 won on December 10, 2014 (hereinafter "10-day successful bid"), the 25-day successful bid price of which is comprised of 250,000 won and 250,000 won and 1605,000 won (hereinafter "15-day successful bid price") and 25,000 won and 165,000 won and 25,000 won and 155,005,05,05,05,05,00.

A total of nine successful bidders were organized, and the plaintiffs were subscribed to the successful bidder.

The defendant's criminal act related to the deposit and the criminal judgment were at the time of the successful bid organization, and the defendant was liable for the debt of approximately KRW 110,000,000 to the financial institution and approximately KRW 60,000 to the individual, and there was no particular property or income. Therefore, even if the defendant received the deposit from the members, there was no intention or ability to pay the successful bid even if he received the deposit from the members.

Nevertheless, the Defendant organized the successful bidder and received a total of KRW 63,679,000 from November 12, 2014 to July 27, 2015, a total of KRW 48,305,800, a total of KRW 119,327,000, and a total of KRW 60,116,000 from July 27, 2015.

The defendant was prosecuted due to the charge of taking the accounts for the plaintiffs, etc., and was convicted of two years of imprisonment on September 27, 2016.

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