1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company established for the purpose of comprehensive consulting service business, including financial advice, and D is the representative director of C in charge of overall management of business and investment funds. E is the planning director of C, who exercises overall control over the business sector, and the Defendant is C’s management director and F is the director of C.

B. In addition to D, E, and F (hereinafter “D, etc.”), the Defendant explained to the Plaintiff at the Plaintiff’s office that “C employs a professional engineer and has made a stable amount of profits from overseas futures trading (FX trading) business. When investing in the said futures trading business, it guarantees the principal of the investment, pays 3-5% per month with the period of the investment agreement as six months, and if it is requested to terminate the investment agreement even before the completion of the investment agreement period, it shall return the remainder after excluding the profits.” The Defendant received from the Plaintiff the sum of KRW 15 million under the name of the Plaintiff, 5 million on September 8, 2015, and KRW 15 million on November 1, 2015; KRW 5 million on Nov. 4, 2016; KRW 4 million on the basis of the investment agreement; KRW 3 million on the 16.5 million on the 16.4 million on the 200 million on the 16.3 million on the 2016.

C. Defendant, D, and F conspired with other investors, including the Plaintiff.

On November 3, 2017, D was convicted of two years and six months of imprisonment, and the defendant and F were convicted of two years of suspended sentence (Seoul Central District Court 2017No4186, the Seoul Central District Court 2017No4186, however, the judgment of conviction was also maintained in the appellate court (Seoul Central District Court 2017No4186, however, D was reduced to two years of imprisonment in the appellate court) and the appellate court (Supreme Court 2018Do5673).

On the other hand, E also with D on November 23, 2018.