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1. Defendant B’s KRW 90,000,000 as well as 5% per annum from January 5, 2015 to November 12, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. From March 201, Defendant B served as an insurance solicitor at the C branch of Defendant Dongyang Life Insurance Co., Ltd. (hereinafter “Defendant Dongyang Life Insurance”), and from January 1, 2014 to December 31, 2014, Defendant B served as the site store of the said C branch.
B. On December 10, 2014, Defendant B provided to the Plaintiff that “on the grounds that he/she was unable to express his/her intent or ability to repay the borrowed money due to excessive debts, he/she shall repay the money to the Plaintiff after three months if he/she was lent KRW 20 million to the Plaintiff,” and that he/she received KRW 20 million in total, including KRW 10 million on December 11, 2014, and KRW 5 million on December 11, 2014, and KRW 5 million on December 5, 2014 (hereinafter “the money obtained through deception”).
C. Even if Defendant B received money from the Plaintiff due to excessive debt, he/she is aware that the Plaintiff received KRW 100 million with the Plaintiff’s lebal disease diagnosis insurance money, which is the Plaintiff’s children, and on December 22, 2014, he/she cannot receive government subsidies from the Plaintiff (hereinafter “the instant money fraud”). Around December 12, 2014, Defendant B’s father using the above insurance money amounting to KRW 100 million, 50 million, among which 10 million is paid, would be entitled to take out insurance in the future E., using the above insurance money. Of which 10 million won is paid, 50 million won is paid in advance to the insurance company, and the remainder of KRW 50,000,000,000,000,000,000 from the Plaintiff as an insurance coverage.
Defendant B, on September 23, 2015, was indicted for the charge that he/she acquired a total of KRW 175,968,736 from four victims, including the instant case related to the money acquired through deception against the Plaintiff on September 23, 2015, as Cheongju District Court Assistance 2015No385, Cheongju District Court. On April 8, 2016, the said court found Defendant B guilty of the above suspicion. However, the amount of the second money acquired through deception was charged as KRW 100,000,000.