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(영문) 서울동부지방법원 2018.08.22 2017나30516
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. From January 10, 2011, the Plaintiff and the vice-head of the Defendant’s division and the president of the Council were in charge of the Defendant’s certification of eco-friendly agricultural products.

B. In collusion with F on February 19, 2013, the Plaintiff acquired property benefits by paying KRW 198,075,00 with subsidies for certification of eco-friendly agricultural products on January 14, 2013, knowing that the certification of eco-friendly agricultural products itself is false in violation of the duties described in paragraph (a) above, the Plaintiff, in collusion with D and E, obtained property benefits by paying KRW 198,075,00 with subsidies for certification of eco-friendly agricultural products; and (2) in collusion with D and F, obtained property benefits by paying KRW 62,548,00 with subsidies for eco-friendly agricultural product certification fees to F on February 19, 2013; and (3) in collusion with D and the Defendant, recognized that the period of termination of the above investigation fees would have died at the latest, and found the Defendant guilty of the above amount of KRW 20,000 with the summary of Seoul District Court’s charges of breach of trust 20,616,700.

C. Accordingly, both the Plaintiff and the Prosecutor appealed to Seoul Western District Court 2014No270, and the said court was the Plaintiff on July 9, 2015.

Of the facts charged in the judgment of the court of first instance, the plaintiff was found not guilty of part of the facts charged. The plaintiff deposited KRW 20,000,000 for the defendant in the criminal trial of the court of first instance.

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