Basic Facts

Although the plaintiff was established for the purpose of online information provision business, the whole profit-making business including the Internet advertising business is low, and there is no profit from profit-making business, and even if the investment is paid as a start-up business for one person, there was no intention or ability to return the investment principal to investors.

Nevertheless, the representative director C of the Plaintiff, as the Plaintiff could pay a high rate of money due to enormous profits from Internet advertising business or other profit-making business, had the Plaintiff left investors to receive investment funds in the name of the start-up business.

Accordingly, C made a false business explanation to the effect that from June 1, 2012 to November 15, 2012, “I would pay the one-person corporate start-up capital and make an advertisement,” and it received the investment money from many victims as one corporate start-up capital.

From April 9, 2012 to September 7, 2012, the Defendant joined as the Plaintiff’s member and signed as the Plaintiff’s member, and each of the checks listed in the separate sheet as investment funds in the name of start-up funds (hereinafter “each of the checks”).

C) The Plaintiff issued and delivered money to the Plaintiff. The first instance court (former District Court 2012dan3150, etc.) rendered a judgment of conviction on May 7, 2015 as to the act of receiving money under the pretext of investment deposit, and was sentenced to the entire conviction on the charges of fraud, etc. on July 13, 2017. However, the appellate court (former District Court 2015No613) rendered a judgment of conviction on some charges of fraud, etc. on the grounds of an unspecified charge. On October 26, 2017, the lower court rendered a judgment of dismissal of prosecution on the above appellate court’s judgment (Supreme Court 2017Do1598, etc.) and the said judgment of the appellate court was rendered on October 26, 2017.