beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of reasons for appeal (misunderstanding of facts, misunderstanding of the Act);
A. Since the progress of an artist selection event in relation to the defendant with the victim is merely an operation management for the defendant, there is no room for the defendant to interfere with the victim's business of an artist selection competition.
B. In order to receive debt reimbursement from the injured party, the Defendant’s finding of the injured party, is limited to the degree of five minutes of his hand and clothes at the first floor coffee specialty rather than the venue for exercising the second floor, so that the injured party may not flee, and the illegality of the act is dismissed.
2. Determination:
A. According to the evidence duly adopted and investigated by the first instance court, the victim would pay 30% of the shares of H and 20% of the profits of his/her own, if he/she lends and invests money to the defendant.
In addition, the Defendant paid KRW 123,00,00 through I, but failed to receive the profits, and the victim borrowed KRW 25,00,000 from the Defendant’s wife, on May 31, 2014 in order to hold the said Games again on or around May 31, 2014, he/she fully repaid the amount of KRW 25,00,00 by June 3, 2014, and thereafter, he/she shall transfer all the rights of “H” to J, as long as the said Games exist, and shall continue to operate and manage the said Games, and shall transfer the H share of KRW 20,00 in return for the transfer. Since then, the victim was in charge of the Games organized by KK and L Co., Ltd. on or around December 19, 2014, the Defendant was aware of such circumstances, and the fact was found to have been found for the purpose of exercising the said Games only for the purpose of the victim.
According to the above facts, even if the defendant provided money to the victim under the name of J, and at the time, the victim was obligated to transfer 20% of H shares to J.
Even if such circumstance alone, the injured party was in charge of the above event on behalf of the defendant.
shall be deemed to be.