1. The Defendant: (a) KRW 40,484,862 to the Plaintiff and the Plaintiff’s annual rate from October 22, 2014 to December 12, 2018; and (b) thereafter, 5% to the Plaintiff.

1. Facts of recognition;

A. On July 2012, the Defendant, along with C, etc., opened “D”, “E”, “F”, “G”, and “G”, which are the Internet site for trading domestic and overseas financial investment instruments, as if they are investing in foreign currency, precious metals, energy, overseas index, agricultural products, livestock products, domestic gifts, domestic gifts, and domestic markets, and as if they were investing in domestic stocks, and received deposits for the purchase of stocks and gifts from its members by inviting its members.

B. The Defendant, with the deposit deposited by the above site members, did not purchase the actual stocks, gifts, etc. as indicated on each of the above site, and did not make up for the actual real-time market price and would have generated profits by accumulating the sales amount according to the real-time market price. In fact, the Defendant paid the profits from the above deposit deposited by the members. The Defendant operated the above site by acquiring the difference between the total amount of deposits and the total amount of profits.

C. The Plaintiff was accused of being used in the normal investment business due to the Defendant’s respective website “D”, “F”, and “G” established as above, and was admitted to each of the above Internet sites as a member, and paid KRW 68,443,168 in total from August 20, 2012 to October 22, 2014.

The Defendant was indicted by violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, and violation of the Financial Investment Services and Capital Markets Act (hereinafter “Financial Investment Services and Capital Markets Act”), and was convicted of five years of imprisonment by the above court on October 4, 2018.

The Defendant appealed as Seoul High Court Decision 2018No2896 only on the ground of unfair sentencing, and the above appellate court reversed the judgment of the first instance on February 12, 2019, and against the Defendant.