A. On December 17, 2015, the Defendant drafted a cash custody certificate stating that “I will sign and seal a 125,000,000 won as a signature and seal to assume the responsibility for the principal repayment for five months.” On the same day, the Plaintiff transferred KRW 75,00,000 to the Defendant as the addressee, and KRW 50,000,000 to C as the addressee.

B. On February 25, 2016, the Defendant paid KRW 10,000,000 to the Plaintiff as principal repayment, and on October 19, 2018, the Seoul Central District Court deposited KRW 115,000,000 to the Plaintiff as principal deposit account, with the Seoul Central District Court No. 25153, Oct. 19, 2018.

On November 21, 2018, the Plaintiff reserved and withdrawn an objection against the deposit money.

C. On January 18, 2019, the Defendant: (a) was the head of the Busan Central Exchange in Dong-gu, Busan; and (b) invested in a financial company located in Malaysia, Thailand, China, and Taiwan, which was extremely small-scale use in Malaysia, Thailand, China, and Taiwan; and (c) invested in a financial company located in Hong Kong, Singapore, and Singapore.

Around December 17, 2015, the Defendant, along with H (name I prior to the opening of the name), concluded that “If the Defendant invested KRW 125,00,000 to E, the Defendant would return the principal to the victim within five months, and would pay the higher amount of the principal for one year from the date when the principal was returned.”

However, in fact, the defendant was currently receiving a demand for repayment of the profits and principal from the investors who invested in the defendant at the time, and G was not able to exchange the principal in cash, so even if he received 125,000,000 won from the victim, he did not have the intent and ability to pay the principal and investment profits to the victim, and the money received from the victim was used as profits from the existing investors and personal living expenses.