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1. The Defendants jointly share KRW 104,507,485 with respect to the Plaintiff and the period from May 30, 2012 to November 6, 2015.
Reasons
1. Basic facts
A. D, the father of the parties, operated the “Friju station” in Seongdong-gu Seoul, Seongdong-gu, Seoul. Defendant B operated the oil agency with the trade name “(H) H” in Soyang-gu, Seongdong-gu, Seoul. Defendant C, as the omission of Defendant B, was working as a business employee at the said oil agency.
B. Defendant B borrowed money from Defendant C to Defendant C on May 10, 2010. Defendant C, on or around May 10, 2010, stated that “Around May 10, 2010, if the construction cost falls short of KRW 94 million, 600,000 of interest for two months shall be combined and repaid KRW 100,000 after two months.” At the same time, the Defendants, even if they borrowed money from D, did not have the intent or ability to repay the said money, the Defendants, by deceiving D, received KRW 94,00,000 from the Japanese bank account under the name of H around May 12, 2010, the Defendants paid KRW 20,000 to D with the telephone around August 30, 2010.”
At the time, the Defendants had no intent or ability to supply oil even in receiving the oil payment, but had the intent or ability to do so, by deceiving D as above, and received KRW 56.5 million from the Japanese bank account under the name of H on the same day.
C. 1) The Defendants filed a criminal complaint against the Defendants on the grounds that the Defendants acquired the borrowed money and oil proceeds from D as set forth in the above paragraph (b). A public prosecutor belonging to the Goyang branch office of the District Public Prosecutor’s Office of the Republic of Korea recognized the Defendants’ fraud charges, and subsequently prosecuted the Defendants on October 14, 201. 2) The High Court of the District Public Prosecutor’s Office of the Republic of Korea (201No. 1583) found the Defendants guilty of the Defendants’ charges on February 15, 2012, and sentenced Defendant B to one year of imprisonment and two years of suspended sentence against Defendant C, respectively.