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(영문) 대구지방법원 2020.01.30 2017가합1206
손해배상(기)
Text

1. The Defendants jointly share KRW 182,250,000 for each of the Plaintiffs and Defendant E from March 8, 2016 to June 2017.

Reasons

1. Basic facts

A. On April 13, 2018, the Daegu District Prosecutors’ Office prosecuted Defendant H on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and D on July 5, 2018, respectively.

D, after the indictment, died on July 8, 2018.

(hereinafter referred to as “the network D”). (b)

On August 17, 2018, the Daegu District Court (2018 Gohap140) recognized Defendant H as guilty of the following facts charged (crimes of aiding and abetting by fraud) and sentenced Defendant H to imprisonment for one year and two years of suspended execution.

Accordingly, Defendant H and Prosecutor appealed against it, but the Daegu High Court (No. 2018No379) dismissed each appeal on December 6, 2018, and the said judgment (hereinafter “instant criminal judgment”) became final and conclusive as it is.

On October 2013, the network D introduced the victim A (hereinafter “A”) from Defendant H, which was introduced by Defendant H, concluded that the J office located in Daegu-gu, Daegu-gu, Daegu-gu, Daejeon-gu, would manage the funds of the president with the president’s non-funds who is the first president of K University L, and a person who works for the secretariat of the school juristic person MU, a school juristic person. In order to create the president’s non-funds, the president would have the school juristic person N transferred to theO and newly built a new building, such as coffee shop.”

However, the network D is not a school juristic person M, but has no authority to do so, and because it is anticipated to proceed with the new construction of the NN, there was no intention or ability to sell commercial buildings even if it receives money from the victim.

The network D, as such, by deceiving A and its affiliated members, received KRW 30 million from Q’s “ Q” store located in Daegu-gu P around October 2014, and received KRW 30 million from around that time to March 7, 2016, a total of KRW 23 billion from that time, as indicated in the list of crimes, was issued from around 23 times.

Defendant H said, around July 2013 to August 8, 2013, to the effect that “The network D is the president of K University L, who works for the Department of Educational Foundation M..”

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