A. The Plaintiff entered into an investment contract with the Defendant to make an investment of KRW 30,000,000 on December 11, 2015, and entered into an investment contract to make an investment of KRW 30,000 again on February 17, 2016. At the time of entering into each of the above investment contracts, the Plaintiff paid each of the investments to the Defendant.

B. However, on February 3, 2017, the Defendant was convicted of 12 years of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by the Seoul Central District Court 2016 Gohap932.

The criminal facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant are as follows: even if the defendant received money from the victims as the investment in the overseas business operated by the defendant, such as the FX M&D business, the defendant used it for its original purpose, or did not have the intent or ability to repay the principal and interest with the business profits operated by the defendant; however, if the defendant invests in the overseas business operated by the defendant, such as FX M&C brokerage business, etc., the defendant would like to pay the principal and interest with such profits; from November 21, 2011 to August 26, 2016, it was acquired from 12,178 victims to 35,283 times in total from 12,178 victims to 35,283 times in total.

The above criminal facts include the fact that the defendant received the investment money from the plaintiff as stated in the above paragraph (a) and acquired it by fraud.

[Reasons for Recognition: Facts without dispute, entries in Gap evidence 1, 3, and 7 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, even if the Defendant received the investment money from the Plaintiff under the name of the FX M&A business, etc., it is not capable of using it for that purpose or repaying the principal and interest with business profits. In the event that the Defendant invested in the FX M&A business, etc. operated by the Defendant, it is deceiving the Plaintiff as if it would pay the principal and interest with its profits.