A. The Plaintiff made a false statement that the Defendant would have the Plaintiff enter the Plaintiff’s children C to the Sung-nam Egymposium, and ordered the Defendant to bring KRW 60 million to the Defendant.

However, the defendant did not get C to enter the stable team.

Although the defendant promised to return KRW 60 million received from the plaintiff, the defendant returned KRW 18 million.

Therefore, the remainder of 42 million won is claimed.

B. Money received from the Plaintiff is merely KRW 45 million.

The defendant repaid 20 million won to the plaintiff, and deposited 20 million won in the criminal case where the plaintiff filed a complaint against the defendant in fraud.

2. Determination

A. In full view of the statements in Gap evidence No. 1 and the whole purport of the pleadings as a result of the commission to transmit certified copies of criminal records to the Gwangju District Court of this Court, the plaintiff consistently stated that the plaintiff transferred 60 million won to the defendant, and the loan certificate also was made up of 60 million won, and the defendant was prosecuted for the charge of acquiring money from the plaintiff and was sentenced to a suspended sentence of 2 years for 6 months, and the defendant was sentenced to a suspended sentence of 45 million won. In the course of the investigation, it appears that money other than 45 million won he received in the course of the investigation is used by D, which is an accomplice. Thus, in the case of joint tort, it is recognized that each tortfeasor is liable for the full amount of compensation, apart from the relationship of indemnity between the illegal parties.

Therefore, the amount obtained by the Defendant from the Plaintiff is recognized as KRW 60 million.

B. The Plaintiff is a person who has received reimbursement of KRW 18 million from the Defendant. Accordingly, the Defendant asserted that the Defendant repaid KRW 20 million, not KRW 18 million, but there is no evidence to acknowledge this. 2) The Defendant deposited KRW 20 million in the relevant criminal case with the Plaintiff as the principal deposit in the relevant criminal case, and the fact that the Plaintiff was withdrawn.

3 Accordingly, the amount of reimbursement shall be recognized as KRW 38 million.

C. Accordingly, the defendant is decided.