beta
Text
Defendant B’s 2,581,967 Won and its related 5% per annum from July 16, 2020 to October 29, 2020, respectively, to the Plaintiff.
Reasons
1. On July 23, 2020, Defendant B was convicted of fraud by committing the following facts at the Busan District Court (2019Hadan6439) may be found to have no dispute between the parties or by the statement of evidence No. 8.
Around January 18, 2019, Defendant B made a false statement to the effect that “E” office located on the 12th floor of the Doll Building in Busan, Busan, would be a director of the F virtual currency exchange by telephone to the Plaintiff. The State made use of internal information to promote the value of virtual currency after purchasing virtual currency, which is expected to be listed in the F virtual currency Exchange, and then selling the virtual currency at a high price, thereby making an investment and a profit.”
However, in fact, Defendant B did not have been scheduled to take office as a director of the F virtual currency exchange, returned the investment money of other investors that had been invested in the previous Defendant with the money received from the Plaintiff, and was thought to invest in the virtual currency not listed in the F virtual currency exchange at will, and accordingly, Defendant B did not have the intent or ability to pay the Plaintiff investments and earnings by purchasing the virtual currency expected to be listed using the internal information of the F virtual currency exchange and increasing the value thereof as promised to the Plaintiff.
Defendant B deceivings the Plaintiff as above, and then that deceivings the Plaintiff, around January 23, 2019, the Defendant B received 35 million won from the Plaintiff to the one bank account in the name of the Defendant C designated by the Defendant.
2. According to the facts prior to the determination of the claim against Defendant B, Defendant B may be deemed to have acquired KRW 35,00,000 from the Plaintiff by deceiving the Plaintiff by deceiving the Plaintiff. As such, Defendant B is obligated to pay the Plaintiff the damages amounting to KRW 35,00,000 and the damages for delay from January 23, 2019, which is the date of tort.
On the other hand, Defendant B added the purport of the entire argument to the entry of evidence No. 7.