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(영문) 제주지방법원 2015.07.09 2014가합6158
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. From the beginning of 2009 to the beginning of 2013, the Plaintiff served as a public official in charge of educational affairs in the Jeju Special Self-Governing Province Agricultural Technology Institute I, and proposed that the State subsidy should be provided, and that the State subsidy should be provided when it pays 30% of its own subsidy to the Defendants, 70% of the State subsidy should be provided, and the State subsidy should be paid after applying for the above project.

B. As a result, Defendant B and C provided each of the 8,340,000 won of the installation cost of a low temperature storage house, Defendant D’s KRW 3,750,000 of the installation cost of a low temperature storage house, Defendant E’s KRW 56,250,00 of the installation cost of a facility, equivalent to 30% of the installation cost of a facility loader, and Defendant F provided each of the Plaintiff with a passbook deposited in KRW 6,60,000 of the installation cost of a horizontal widther, equivalent to 30% of the installation cost of a unmanned pest control facility, KRW 6,600,000 of the installation cost of the unmanned pest control facility, and KRW 3,70,000 of the installation cost of a 30% of the installation cost of the unmanned pest control facility.

C. After that, according to the Plaintiff’s direction and supervision, the third construction company established each of the above facilities against the Defendants. The Plaintiff paid 16,60,000 won for the remainder of the construction cost, namely, the amount equivalent to 70% of the construction cost of Defendant B and C; KRW 8,750,000 for the construction cost of Defendant D; KRW 131,250,000 for the construction cost of Defendant E; KRW 15,400,000 for the construction cost of Defendant F; KRW 14,000 for the construction cost of Defendant G; KRW 10,000 for the construction cost of Defendant H; and KRW 10,000 for the construction cost of Defendant H.

On the other hand, on September 12, 2014, the Plaintiff was sentenced to six years of imprisonment with prison labor for the following facts: (a) from February 18, 2013 to February 24, 2014, the Jeju District Court 2014Ma371 Fraud, etc.; and (b) from February 18, 2013 to February 24, 2014, the Plaintiff and the Prosecutor acquired KRW 1,679,045,000 from victims under the pretext of self-payment; and (c) accordingly, the Plaintiff and the Prosecutor were sentenced to the Jeju District Court for Appeal.

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