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(영문) 대구지방법원 2015.10.07 2015나6546
부당이득금 반환
Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay KRW 9,200,000 to the Plaintiff and the Plaintiff on January 2015.

Reasons

1. Basic facts

A. On May 9, 2012, the Defendant defraudeded the cost of taking care of, and speaking to, the Plaintiff at the D restaurant located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, and the Plaintiff, “B is a pastor of the Nowon-gu, which is affiliated with E and F pastors, and if the cost of taking care of, the cost of taking care of the inside of the Nowon-gun, E would give the inside of the class of the Nowon-gun, to which he belongs.”

However, in fact, the defendant did not become a pastor of the above E and F pastors affiliated with the religious order, but around August 2009, the Central Diplomatic Group of the Korea Coast Guard revoked his qualification for pastors due to the violation of the covenant of pastors set forth in the General Assembly at the Central Diplomatic Group of the Korea Coast Guard Association, and even if he receives the expenses from the plaintiff, he did not have any intention or ability to give the plaintiff the inside of the union pastors belonging to the above E and F.

Nevertheless, the Defendant, as above, by deceiving the Plaintiff, received 4.2 million won in total from the Plaintiff on May 10, 2012, including KRW 3 million with the Defendant’s name bank account, and KRW 1.2 million with the said account on June 7, 2012.

B. On September 6, 2012, the Defendant acquired the fund for the establishment of Daegu church by deceptioning the Plaintiff’s office located in the Plaintiff’s company located in the Daegu Northern-gu, Daegu-gu, stating that “The cost of establishing the church shall be established in Daegu-gu, and the Plaintiff shall be in the position of a teacher in the said church.”

However, in fact, the defendant did not have any particular income or property other than the donation received from the pastors or believerss, and even if he received the donation from the plaintiff, he did not have the intention or ability to establish a church in Daegu and to hold the posts of the pastors.

Nevertheless, the defendant deceivings the plaintiff as above and received 5 million won from the plaintiff, namely, the expenses for the establishment of the church.

C. The defendant in the related criminal case above

1.(a)

subsections and

B. The facts charged as stated in the foregoing paragraph were indicted, and the Seoul Eastern District Court was convicted of two years of suspended sentence on January 22, 2015 at the Seoul Eastern District Court.

[Seoul East Eastern District Court 2013 Godan510, 2215(combined)] Dec. 1, 201.

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