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(영문) 서울중앙지방법원 2018.10.12 2015가단5310004
부당이득금
Text

1. The Plaintiff:

A. Defendant B: (a) from September 18, 2015 to KRW 85,575,000; (b)

B. Defendant C shall be 27 million won and 27 million won.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person operating a travel business, etc. directly attracting travel visitors, Defendant B is “D,” and Defendant C is a Grand company, which runs a travel business abroad, a travel agency business, etc. under the trade name of “E” (a business entity that manufactures travel goods and sells them to domestic mother tourers and receives local tourists recruited by the said travel agency, and receives local tourists and receives compensation).

F is a person who has been in full charge of travel affairs by concluding a travel agency contract with the Plaintiff and holding the office of the Plaintiff’s director. G is a person who has been in full charge of the business affairs with the F because he was in the same relationship with Defendant B as a D director.

B. F requested the Plaintiff to D and E (hereinafter “Defendant Company”) for air reservation, etc. for the travels that the Plaintiff recruited, and caused the Plaintiff to transfer each of the pertinent money to the pertinent account indicated in the Official Gazette on the ground of the personal seal set out in the name of the Defendant Company.

F On August 10, 2017, F was convicted of fraud and occupational embezzlement against the Plaintiff (Seoul Western District Court 2016Kadan1490), and the parts related to the instant case are as listed below.

(1) On May 15, 2014, the amount of money obtained by deception of a temporary target travel contract: (a) from October 15, 2014 to 19, the Vietnam National Bank account H on May 28, 2014; (b) from October 23 to 27, 2014; and (c) from May 28, 2014 to the G Exchange Bank account I 18.3 million won on May 28, 2014; (c) from May 13 to 17, 2014 to 22, 875,000 won on May 13, 2014: (d) Notwithstanding the absence of the target travel contract, the victim (the Plaintiff) was deceiving to deposit the damaged amount to the D Private Bank account indicated in the name of Syland; and (d) the amount of money embezzled to the G Bank account from 2014.14 to 2014.214.214

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