손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Defendant is a person running D together with C, and D is a phased organization similar to the vehicle fraternity in which 68,00,000 won out of 71,60,000 won out of 68,000 won out of 71,60,000 won out of 68,000 won out of 68,000 won out of 7 members who introduced and joined two again.
B. The Defendant and C directed the subscribers, including the Plaintiff, that “new subscribers continue to occur, and thus, the company may change the name of the new subscribers (a new member recruitment and a change with the member who wants to refund) and at any time make a refund to the new subscribers, thereby not causing any damage to the members.”
C. Accordingly, after concluding three contracts with D, the Plaintiff transferred KRW 5,800,000 on February 11, 2016 and KRW 53,700,000 on December 12, 2016 to C’s account.
On March 2016, the Plaintiff expressed to C the intent to cancel the said contract and requested C to return the already paid amount, but C rejected it.
E. The Defendant was convicted of two years of imprisonment on the ground that the Defendant, even though the Defendant was in a structure that could not make a refund to the subscribers through a D joint purchase agreement, by deceiving the subscribers as if the refund could be made.
(See Supreme Court Decision 2017No967 Decided August 17, 2017). [Reasons for Recognition] A without dispute, entry in Gap's 1 through 10, Eul's 1 through 3 evidence (including a serial number), and the purport of the whole pleadings.
2. As seen earlier, as seen in the judgment, D operated by the Defendant and C together with the lower insured membership fees are the structure of collecting membership fees of the lower insured and using them as financial resources, such as the purchase price of higher-tier insured vehicles. In order to make a refund through a change in the name of the existing insured, new members (or new members) are required, but the number of motor vehicle buyers is required.