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1. The Defendants jointly pay to the Plaintiff KRW 794,300,000 and the interest rate thereon from March 25, 2018 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B and C, along with H on December 2016, based on the fact that it is difficult for the person who requested the smuggling to file a complaint, Defendant B and C, with H, took advantage of the fact that it is hard for the person who requested the smuggling to file a complaint, they considered the pelb that they were brought into Japan without filing a customs report.
B. H proposed that he will bring the pelba, which is a transport of pelba to Defendant D, E, F, and G, to himself, other than the part-time management company, and that he will bring 2 million won to 3 million won or 3 million won per a week.
Since then, H, after additional recruitment of four persons other than Defendant D, E, F, and G (hereinafter “Defendant E, etc.”), and through I, introduced Defendant D, etc. as a part-time agent by approaching J who recruits part-time students in Hong Kong in order to transport the pelb purchased from Hong Kong to Japan.
C. Defendant C and H entered the Republic of Korea to Japan on December 15, 2016, and waiting at the Ya Airport. Defendant D et al. transferred two pelbs (1kg) to J’s employees around the Incheon International Airport’s duty-free shop on December 16, 2016, respectively, on board the aircraft in Japan under the direction of K, who is the J’s staff.
H On December 16, 2016, at around 09:30, contact was made by Defendant E to contact that he arrived at the Huoka Airport. Defendant D et al. instructed Defendant D et al. to leave the airport or to leave the taxi and to leave the taxi back with the opposite direction, using the left convenience store of the above K et al., and accordingly, Defendant D et al. boarded the above K and boarded the taxi in accordance with its instruction.
E. Defendant D, E, F, and G were indicted of theft of 16 BJ’s frameworks (1kg) as above and sentenced Defendant D, E, and F to six months of imprisonment with prison labor for special larceny on March 23, 2017, and Defendant G was convicted of two years of suspended sentence in June.
(Libu District Court 2017Ma464). Accordingly, Defendant D, E, and F appealed, but the above appellate court dismissed the appeal on July 6, 2017.