A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a golf membership trading brokerage company. Defendant C is the representative director of the above company, Defendant E is the head of the above company’s business operation headquarters, Defendant D is the above company’s accounting director. Defendant B is the father of Defendant E, D, Defendant F, G, and H is the above company’s business enders, and Defendant I is the chief of the office in charge of changing the entry of golf membership mainly from the above company.

B. On February 3, 2016, the Plaintiff paid down payment of KRW 25 million to the Defendant Company. On February 11, 2016, the Plaintiff entered into an agency contract with the Defendant Company for the trade of golf membership in the J consortiums (hereinafter “instant contract”). On February 12, 2016, the Plaintiff paid the remainder KRW 225 million.

C. The remaining Defendants except the Defendant Company were indicted on the charge that “In collusion with the victims, even though they did not have the intent or ability to intermediate the transaction even if they received the purchase price from the golf membership purchaser, they obtained the total amount of KRW 3,477,2610,00,000 from the victims including the Plaintiff, by deceiving the victims as if they would purchase the golf membership by securing the proceeds of golf membership, and by deceiving them as a purchase price.”

The Seoul Central District Court (2016Gohap273, 307, 360, 200) recognized a public contest relationship with Defendant C, E, and D on September 8, 2016 and sentenced the conviction on the whole of the facts charged. However, Defendant B, F, G, H, and I did not recognize a public contest relationship or functional control, and rendered a judgment of innocence.

However, the Seoul High Court (2016No2951) reversed the conviction part against Defendant D on March 23, 2017, and sentenced the verdict of innocence (which maintained the judgment of conviction against the Defendants). The above judgment of the appellate court (2017Do5095) became final and conclusive in the Supreme Court (2017Do5095).

[Ground of recognition] The fact that there is no dispute, A.