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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, who was appointed as a public educational official on September 6, 1986, retired from office as a public official belonging to the Changnam-do Office of Education (BB middle school) on December 1, 2016.
B. On December 1, 2016, the Plaintiff claimed retirement pension and retirement allowance to the Defendant. The Defendant paid KRW 73,513,470 to the Plaintiff on December 8, 2016, and paid KRW 2,729,060 each month to the Plaintiff as retirement pension from December 2, 2016.
C. On November 1, 2017, the Plaintiff was sentenced to a suspended sentence of two years for the following crimes of fraud (Seoul District Court Decision 2017Dadan2205). The said judgment was finalized on November 9, 2017.
(hereinafter “Related criminal judgment.” On July 8, 2016, the Defendant (hereinafter the instant Plaintiff; hereinafter the same) made a false statement to the effect that “D” cafeteria located in the window C of Changwon-si would lend KRW 13,500,000 to the victim as it was immediately used. It would be possible to make reimbursement if the money entered after one month.”
However, at the time, the Defendant was liable for bank loans and school loans due to the failure of stock investment, and even if receiving the public official pension, the amount of such loans was reduced to KRW 1,50,000,000 for a month. The Defendant was planned to use the funds borrowed from the victim for the hospital expenses. The Defendant was planned to repay the funds borrowed from the victim to another person, and there was no intention or ability to repay the funds even if borrowed money from the victim.
Nevertheless, the Defendant received 13.5 million won in cash from the victim on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Article 64(1) of the Public Officials Pension Act (hereinafter “Act”) on February 21, 2018 and Article 55(1) of the Enforcement Decree of the Public Officials Pension Act (hereinafter “Enforcement Decree”).