Plaintiff

Members of the company will receive a certain amount of sales allowance from the Plaintiff company when purchasing the goods of the Plaintiff company.

In addition, even before ordering the goods, the Plaintiff Company had a computer system capable of ordering the goods within the limit of the amount of settlement by using the approval number granted in accordance with the first and second payment by paying a certain amount by credit card, etc.

However, on September 14, 2013, C, a member of the Plaintiff Company, requested the approval of KRW 1,234,567,890 by its credit card to verify the method of settling the product price through the Plaintiff Company’s computer network. However, in fact, even though the settlement was made normally with KRW 12,345,00,000 due to the error in the settlement system of the Plaintiff Company, C, a member of the Plaintiff Company, was processed electronically as if all of the settlement was settled, and the settlement approval number “D (hereinafter referred to as the “instant approval number”).

B, who became aware of such circumstances, purchased the goods of the Plaintiff Company from November 4, 2013 to February 28, 2014 under the name of another member including the Defendant, etc. and made it paid sales allowances.

B was sentenced to imprisonment for two years and six months in the Changwon District Court (2015 Gohap285) on April 21, 2016 due to the above fraud, and is still pending in the appeal trial.

Meanwhile, the Defendant received sales allowances of KRW 99,467,830 in total from November 2013 to February 2014 due to the purchase of goods using the instant approval number.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 8, 11, 12, 21, purport of the whole pleadings

2. Comprehensively taking account of the foregoing circumstances as seen earlier, the Defendant was the Plaintiff from November 2013 to February 2014.