1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant and D, from around September 2009, invested funds, from around September 1, 2009, used cars trading business was operated by the Defendant, such as the purchase and export of used cars. On September 2010, when the Defendant closed down a used cars trading company, the Defendant deceiving other investors to collect money invested by the Defendant.

On October 29, 2010, the Defendant made a false statement that “D purchases used cars and sells them to a foreign country” to the victim A at the Defendant’s house located in Busan Dongdong-gu 403, Busan, the Defendant would pay 7% profits every 45 days if it invests KRW 35 million.”

However, in fact, the Defendant and D had already closed down a used vehicle sales company that had been operated until September 2010, and even if having received investment funds from the victim, it was thought that they would be used to repay the principal and interest of investment to the previous investors, including the Defendant, but did not intend to use it as a used vehicle purchase fund. D had no ability to pay the principal and interest of investment normally to the victim because the credit card overdue payment obligation exceeds KRW 40 million.

Nevertheless, the Defendant and D, as such, received from the victim the amount of KRW 35 million from the national bank account in the name of F under the name of its investment, as well as from around that time to May 6, 201, the Defendant and D received KRW 129 million from the victim every four times in total, as shown in the list of crimes in the attached list of crimes.

Accordingly, the defendant was given money from the victim by deceiving the victim in collusion with D.

On April 25, 2013, C, which is the Plaintiff-gu and the Defendant’s spouse, was prosecuted by the Busan District Prosecutors’ Office as follows. On October 10, 2013, the court of first instance found the Defendant guilty of the facts charged.