1. The Defendant’s KRW 187,199,40 for the Plaintiff and the following: 15% per annum from July 11, 2019 to May 31, 2019;

1. Basic facts

A. The Plaintiff is a person who sold cosmetics, such as Dael, in the online shopping mall called “C” from early 2018.

나. 피고는 2018. 5. 29. 원고에게 ‘키엘, SK2, 입센로랑, 샤넬 등 백화점에 납품되는 명품 화장품을 공급하여 줄 수 있다. 내가 백화점 물류 관계자이기 때문에 소비자 가격의 62%에 준하여 할인가로 지속적으로 공급해 줄 수 있다’는 취지로 말하였다.

C. The Plaintiff trusted the Defendant’s above horses and remitted total of KRW 463,44,600 to the Defendant from May 30, 2018 to December 9, 2018, as shown in the attached Form, for the price of cosmetics.

However, there is no fact that the Defendant did not work as a logistics-related person in the department store, and when receiving money from the Plaintiff, the Defendant did not supply cosmetics within the agreed time limit, such as selling cosmetics at fixed prices to the Plaintiff, or using the money received to buy cosmetics ordered by other trading companies.

E. The amount of products not supplied by the Defendant even though the Plaintiff paid the price of cosmetics is KRW 187,19,400.

F. The Defendant, under an agreement with the Plaintiff on June 18, 2020 and other victims, acquired money by deceiving the Plaintiff and other victims without any intent or ability to secure and supply the cosmetics of department stores at low level, as above, and was sentenced to three years of imprisonment in the first instance trial after being prosecuted for criminal facts, such as “the Defendant was sentenced to imprisonment.”

(g) The Defendant purchased cosmetics with money above the amount remitted from the victims, including the Plaintiff, and supplied them to the Plaintiff and the victims for fraud before suspending the supply of cosmetics due to the failure of the “business,” and appealed on the ground of erroneous determination of facts and misapprehension of legal principles, and on the ground of unfair sentencing, the Defendant appealed on the part of the appellate court.