A. On December 18, 2015, the Plaintiff invested in three items of investment dividend-type products equivalent to KRW 50,000,000 from the Defendant, the representative of C on December 18, 2015, “if the Plaintiff invests in three items of investment dividend-type products, the Plaintiff made an investment by means of remitting KRW 150,000,000 to the Defendant on the same day through the Defendant’s various businesses under way.”

B. However, the Defendant was indicted by fraud, etc. at the Seoul Central District Court (2017Gohap113), and was convicted on June 23, 2017, and was sentenced to a judgment of conviction. The appellate court (2017No2032), which was the appellate court, was partly convicted of fraud, etc., and was sentenced to a judgment of acquittal, which became final and conclusive on April 24, 2018 by the Supreme Court (2018Do113).

C. The criminal facts of the Defendant’s judgment that found the Defendant guilty on the part of the crime of fraud are as follows: “The Defendant established C around March 2013, and established a headquarters and branch office across the country, including Seoul Headquarters, Honam Headquarters, Daejeon Headquarters, etc., and established a sales organization by employing operating staff at each headquarters and branch office; and the above C through the sales organization as a company that provides investment planning and management services of an investment association, and raises a lot of profits by running oil wholesale and retail business, liquor driving loan, hybrid financial business, and investment-type crowdfunding business. In the event of investment in C, it is promoted that “A would pay the investment principal and profits by applying the annual interest rate of 10-13% to the investment amount at maturity.”

However, the defendant's operation of C was almost little of professionals who can carry out the above profit-making business, and it invested in the above part of the profit-making business with human resources, but a large amount of loss was incurred due to the failure of the business, and there was no profits, and the amount of the company's deficit has been continuously increased due to the expenditure of the company's operation expenses.