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(영문) 서울고등법원 2020.10.20 2018나2057651
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for dismissal or addition as set forth in paragraph (2) below, and therefore, it is identical to the part against the defendant in the reasoning of the judgment of the first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act

Each "Defendant B" and "Defendant C" in the judgment of the first instance shall be deemed to be "Co-Defendant B of the first instance court" and "Co-Defendant C of the first instance court".

The third table of the judgment of the first instance is as follows from the second to the fourth table.

The judgment became final and conclusive after having been sentenced to imprisonment for two years at the High Court for Armed Forces on November 15, 2018, after lodging an appeal against the above judgment, and sentenced two years to imprisonment for the above judgment. Of the above judgment, the criminal facts of the fraudulent part against the plaintiff are stated that the co-defendant B of the first instance court conspired with the defendant and obtained the investment money from the plaintiff. Meanwhile, the defendant was prosecuted for the criminal facts that aiding and abetting the plaintiff of the co-defendant B by facilitating the above fraud, and was sentenced to one year of imprisonment with labor at the Gangnam Branch Branch of the Chuncheon District Court on April 28, 2020, and was sentenced to an appeal at the same court on September 10, 2020, and the above judgment became final and conclusive as the withdrawal of the defendant's appeal. The defendant's appeal No. 4 of the first instance judgment "No. 12, 13, and 19" as stated in the attached Table No. 4 of the first instance judgment.

Between “point 18” and “, etc.” in the fifth instance judgment of the first instance court, the Defendant added “the fact that the Defendant was convicted of the criminal facts aiding and abetting the Plaintiff in the first instance co-defendant B’s fraud crime, and that the judgment became final and conclusive.”

The 5th judgment of the first instance shall be deleted from Defendant B through Defendant B’s 19.

2. In conclusion, the first instance judgment is just and the defendant's appeal is dismissed. It is so decided as per Disposition.

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