beta
Text
1. The Defendant shall pay to the Plaintiff KRW 94,242,250 and the interest rate of KRW 15% per annum from April 16, 2016 to the date of complete payment.
Reasons
1. Judgment on the plaintiff's claim
A. The facts of recognition 1) The Defendant did not have an intent or ability to pay the Plaintiff the purchase price of gift certificates, or the principal or promised to purchase the gift certificates, even if he received money from the Plaintiff as the purchase price of gift certificates. As such, the Defendant could obtain a large amount of profit from the purchase and sale of the gift certificates in large volume, so the Defendant would supply the gift certificates to the Plaintiff at the container or exchange the gift certificates with the purchase price of the gift certificates and pay the purchase price in addition to the purchase price of the gift certificates. Accordingly, the Defendant received KRW 1,204,90,000 in total from the account in the name of the Plaintiff or the Plaintiff, as indicated in the payment column of the attached transaction statement between January 21, 2014 and October 24, 2014, the Plaintiff received KRW 1,204,90,000 from the Defendant as above through the account in the name of the Plaintiff or the Plaintiff, and received KRW 784,639,500,90 in the process.
3) The prosecutor refers to the plaintiff's wife D (hereinafter referred to as "the plaintiff, etc.") when the defendant jointly refers to the plaintiff and D.
Even if they received money from the Plaintiff, etc. as the purchase price of gift certificates, they received a total of KRW 1,370,120,750 from November 22, 2013 to January 23, 2015 from the Plaintiff, etc. to transfer the total of KRW 1,370,120,750 from the purchase price of goods on 116 occasions from the Plaintiff, etc., and returned KRW 976,378,500 from the total of KRW 299,50,00,000 to the Plaintiff, etc., thereby obtaining financial benefits equivalent to KRW 94,242,250, which is the difference.
“The Defendant was indicted as Seoul Western District Court 2015 Godan2085 for a fraudulent crime, and the above court was convicted of the Defendant with respect to the above criminal facts around April 1, 2016.