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1. The defendant
A. From April 28, 2017, Plaintiff A 22,200,000 won and its related thereto:
B. Plaintiff B is subject to KRW 9,500,000.
Reasons
1. Facts of recognition;
A. On April 25, 2016, the Defendant organized the number system of KRW 21,22,200,000,000,000,000,000 won, and the Plaintiff A was the members of the said number system Nos. 4, 13, and 18. The Defendant organized the number system of KRW 21,00,000,000,000,000,000 won, and the Plaintiff B was the members of the said system No. 18.
B. The Defendant was indicted by the Defendant as Seoul Southern District Court Decision 2017Ma5243, and was sentenced to the Defendant’s conviction on July 20, 2018 and two years of suspended execution.
On July 28, 2018, the above judgment was finalized, and the defendant's criminal facts recognized in the above judgment are as follows:
Since the Defendant received KRW 22,200,000 from the members of the fraternity on April 27, 2017, the Defendant violated his/her duty to pay KRW 22,22,200,000 to the Plaintiff A, which was the 13th day fraternity designated by the Defendant, and thereby, transferred the said money to another person’s account without paying KRW 22,22,200,000 to the Plaintiff, or consumed the Defendant’s living expenses, thereby obtaining property benefits equivalent to KRW 22,22,22,200,00 from the Plaintiff.
In addition, the Defendant received KRW 19 million from the members of the fraternity on September 27, 2017 (unpaid KRW 4.2 million). Thus, even if the Defendant was obligated to pay KRW 9.5 million to the Plaintiff B, which was designated as being paid the fraternity on the same day, notwithstanding the obligation to pay the fraternity 18, which was in violation of that duty, the Defendant acquired property benefits equivalent to KRW 9.5 million by paying the fraternity 21 to the Plaintiff B without paying the fraternity 21, and caused damages equivalent to the same amount to the Plaintiff B.
[Ground of recognition] Facts without dispute, Gap-1's entry, purport of whole pleadings
2. In a civil trial, the same shall not be binding on the finding of facts in the criminal trial.