1. The Defendant’s KRW 461,30,000 and the Plaintiff’s annual rate of KRW 5% from September 3, 2016 to May 31, 2017.

Facts of recognition

around February 2008, the Defendant established C Co., Ltd. and D Co., Ltd. around October 2014, and established a foreign corporation from around September 2010 to run the overseas business such as FX M&C brokerage.

On November 2, 2015, 100, 500,000 on a temporary investment (won) concluded an agreement with Defendant 10,000,00 on March 17, 2016, 30,000 on April 20, 2016, 200, 100,000 on May 2, 2016, 200, 50,000 on May 23, 2016; 10,000,000 on June 27, 2016; 20,000,000,000,000,0007, 50,000,000,000, 50,000,50,000,000, 50,000, 50,000, 20,000, 10,000 of investment to Defendant 28.

However, in fact, there was no asset or business entity to pay high-rate profits agreed upon by the Defendant to investors including the Plaintiff, and there was little possibility of success, and there was no possibility of realizing considerable profits within a short period, and since December 201, there was a situation where the Defendant used the investment funds received from new investors in return of the principal and interest of the existing investors or the payment of fees for the recruitment of investors by using them in return for the principal and interest of the existing investors or in return for the investment funds from investors including the Plaintiff. Thus, even if the Defendant received the money from the investors including the Plaintiff for the investment funds for the overseas business, it was used for that purpose, or did not have any intent or ability to repay the principal and interest with

Nevertheless, the defendant was charged with investment in the overseas business operated by the defendant, such as the FX M&C brokerage business, due to the fact that the defendant received the investment money from the victims, such as the plaintiff, etc. and obtained the investment money, and the appeal is dismissed.