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(영문) 서울동부지방법원 2016.11.08 2015가단40952
부당이득금
Text

1. The portion of the instant lawsuit claiming KRW 40 million shall be dismissed.

2. The defendant shall pay 38 million won to the plaintiff and this shall apply.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1, entry of Eul evidence 1 through 3, the purport of all pleadings);

A. From the end of February 2010, the Defendant issued a false statement to the Plaintiff at the Chinese cafeteria near Sung-gu Seoul Metropolitan City, Sungnam-si, Seoul, stating that “The Defendant is going to his own advanced investment securities, but the general public is not a securities company,” and that only those who face an accident with the securities company is not a securities company. If only those who face an accident amounting to KRW 10,000,000,000, the Defendant would be 50,000 won per month, and the Defendant would be 150,000 won per month and would be punished by KRW 2 to KRW 3,000 per month.” However, the Defendant did not receive KRW 15,00,000 from the Seoul District Court from 205,000,000,000 won per month. However, the Defendant did not receive money from the Plaintiff’s account or 25,000,000 won per month until 105,000 won per month.

B. As above, on September 20, 2015, the Defendant was detained on September 20, 2015 after being sentenced to imprisonment with labor for a year and six months, and on September 20, 2015, and between the Plaintiff and the Defendant, the Defendant was 1.5 million won or more per month from October 20, 2015 to October 20, 2019 as part of the criminal agreement.

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