A. (1) On April 24, 2015, the Plaintiff deposited KRW 98,868,000 in total on two occasions at the deposit account (C) in the Defendant’s name. (2) After the Plaintiff deposited the said money, the Defendant transferred KRW 41,195,00 to Nonparty D on April 24, 2015, KRW 9,167,760 on April 29, 2015, and KRW 45,903,000 to Nonparty E on the same day.

B. Judgment 1 related to the non-party G, H, I, J, and K are the index futures investment company located in Hoju and the similar receiver company (hereinafter referred to as "non-party company").

In collusion with the non-party M, etc., who is an officer of the victim, the non-party company only exists in the place of business in Australia and is not a company with an unclear substance and is not a company capable of investing in a normal index futures. It was a company reported or registered with the financial authorities of Korea, and it was illegal for investors to invest in the non-party company because it is prohibited from overseas investment by individuals who do not undergo an investment broker under the relevant laws and regulations of Korea, and it is virtually impossible for investors to transfer the money deposited through the domestic personal account from the investors to the above company in Australia, and it was not possible for the victim to use the money deposited in the above index futures investment in the above index. Since the risk of losses arising from the nature of the index futures investment transaction is very high, in fact, it was difficult to guarantee the payment of the money for the investment to senior investors and redeem the principal of the investment. Accordingly, even if the above G et al. was promised to receive the money from the victim, the above G et al. did not have any intent or ability to reduce the principal and payment from the victims.