1. The Defendants jointly share KRW 50,000,000 to the Plaintiff, and Defendant B from July 8, 2017 to Defendant C, and Defendant C from July 2017 to the Plaintiff.

Basic Facts

The Defendants are between the parties, and Defendant B is the private village of Defendant D. The Plaintiff is a high school of D.

The defendants introduced the plaintiff through D, and used the defendant C's account to receive money from the plaintiff as the name of investment in start-up business with cosmetics and use it for the defendants' existing debt repayment, etc.

The Defendants, around June 2, 2014, around the first floor E in Busan-gu, Busan-si, referred to as “F” coffee stores on the first floor, and continuously remitted 2% of the monthly investment amount to the Plaintiff via D, “Firstly, 10,000,000 won to Defendant C’s account in order to open a cosmetic store in low prices.” The Defendants invested KRW 50,000,000, and D’s 50,000,000 won to invest the remainder of KRW 50,000,000.”

However, the Defendants thought to use the money received from the Plaintiff as an existing debt repayment, etc., so they did not have the intent or ability to invest 50,000,000 won, and there was no intention or ability to open the cosmetics.

Nevertheless, the Defendants received KRW 10,000,000 as the down payment on June 3, 2014 from the Plaintiff to the corporate banking account (H) account in the name of Defendant C, and KRW 3,000,000 as the additional expenses on the same day, and KRW 37,000,000 as the remainder payment on June 5, 2014.

(hereinafter “instant tort.” The Defendants were indicted due to the instant tort by fraud, etc., and were sentenced to a full conviction on September 21, 2017 at the first instance [Cheongju District Court Decision 2017Gohap4, 5, 14, 15, 17, and 26 (Merger)]. The Defendants and the prosecutor appealed against the said judgment, but the appellate court (Seoul High Court Decision 2017No156) rendered a judgment dismissing the appeal on April 19, 2018.