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(영문) 전주지방법원 2016.11.30 2014가합757
손해배상
Text

1. The Defendant’s KRW 122,96,554 as well as 5% per annum from February 22, 2014 to November 30, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 2007, the Plaintiff entered into a contract with the Defendant for the construction of the instant construction work for the Defendant E Elementary School and company toilets, etc. (hereinafter “instant construction work”), including new repair work for D elementary schools closed from the Defendant to the Haju-gun C of the Jeonbuk-gun, and completed the instant construction work from around 2007 to December 2008.

B. A criminal complaint procedure (1) The Plaintiff filed a criminal complaint with the Defendant on the charge of fraud with the purport that the Plaintiff became subject to the instant construction work by deceiving the Defendant, and that the amount equivalent to the construction price of the D elementary school was obtained by defraudation.

(2) On May 22, 2015, the Defendant was prosecuted on charges of fraud, etc. and was sentenced to imprisonment with prison labor for four years and six months on June 19, 2014 by Seoul Central District Court 2013Gohap1470 fraud, etc.

As examined below, the above court recognized that the Plaintiff’s inputs to the D Elementary School Corporation was KRW 167,69,554, and recognized KRW 80,996,554, which was obtained from the Defendant and KRW 77,423,00,00, which was obtained from the Defendant, as the amount obtained by defraudation.

【Criminal Facts】

Since 1980, the Defendant had been working around the Seoul National University as an admission applicant for the entire Seoul National Assembly, a successful applicant for the judicial and administrative notice, and a professor of Seoul National University. The motive and motive of the judicial examination have been spreading to the court and the prosecutor's senior position in the high-ranking position. Since 1980, the Defendant conducted a false behavior as if there were Cheong Major, National Assembly members, Seoul Market, and Samsung C&T president, and those in the middle-class relationship and the second-class relationship with those in the middle-class group.

The defendant, due to misrepresentation of his status for a long time, has committed as if he had been in a position to have sufficient credit and preferential treatment to the victims who have already been accused, in order to acquire property or pecuniary benefits from the victims.

1. The criminal defendant against the victim A committed a false act from 1980 to 1980, with the victim A and the sixth degree of punishment.

The defendant, in 2007, is the defendant.

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