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(영문) 수원지방법원안양지원 2016.08.10 2016가단4363
손해배상(기)
Text

1. The Defendant: KRW 66,120,00 for the Plaintiff and KRW 5% per annum from February 17, 2016 to August 10, 2016.

Reasons

1. 인정사실 피고는 2013. 7. 26.경 원고에게 “경마를 오랫동안 해왔다. 정보를 받아 경마를 하므로 그 동안 40억 원 정도를 땄고, 그중 정보비로 28억 원을 주고도 나머지 10억 원 정도가 통장에 남아있다. 이렇게 힘든 일(라이브 카페 운영)을 하느라 고생하지 말고 경마장에 와봐라, 돈을 어떻게 버는지 보여주고, 정보를 받아 경마를 하므로 돈을 벌수 있게 해 주겠다”라고 거짓말을 하였다.

However, in fact, the defendant did not receive high-class information on horse, but did not engage in horse racing, but did not intend or have ability to give profits by using high-class information that enables the defendant to find out the horse plaque as a means of information supply and to obtain money as if he would engage in horse racing. Even if he received money from the plaintiff for the purchase of horse tickets, he did not have an intention or ability to give profits.

Nevertheless, the defendant, in collusion with the above C and D, deceiving the plaintiff as above and received KRW 4 million from August 2, 2013 for the purchase cost of marina tickets from the plaintiff from August 2, 2013.

9. up to 14. up to 14. A total of KRW 138,00,000,000 were received and acquired through deception.

The defendant was prosecuted for the above facts constituting the crime and was convicted, and the judgment became final and conclusive.

(1) In the first instance court: Suwon District Court Decision 2014Ma789 Decided April 24, 2015, and the second instance: Suwon District Court Decision 2015No2617 Decided August 12, 2015, and Supreme Court Decision 2015Do13014 Decided October 29, 2015). Of the money paid to the Defendant as above, the Plaintiff was returned KRW 71,80,000 in total from August 9, 2013 to February 27, 2014.

[Grounds for recognition] A.1-3 Evidence, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by illegal acts, and the total amount of KRW 66,120,000 =138,00,000.

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