1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On April 16, 2015, upon the introduction of C, the Plaintiff heard the explanation of the Defendant’s online business in China, and met with D (after the opening of the name) on April 16, 2015, and at the time, the Defendant stated that “F, a Korean national, is trying to run online business in China,” and that “F, a Korean national, is trying to invest KRW 80 billion in the Republic of China before and after the five-year gold Day, shall first be punished by a number of times the amount invested, as the establishment of the corporation, the registration of the business, and the lease of the office is required.”

B. Accordingly, on April 23, 2015, the Plaintiff wired KRW 50 million to the credit union account in the Defendant’s name on the same day, and confirmed that the Defendant received KRW 200 million of the investment agreement amounting to KRW 50 million in relation to China’s online business (SP and network Bz), and that the following is carried out. In relation to the aforementioned business, the Plaintiff will bring about 10% of the total shares of KRW 200 million in total to investors. Of the total amount of KRW 200 million in contract deposit other than down payment, the remainder of KRW 150 million in total shall be deposited until May 8, 2015. The capital of the company to be established with the said amount is KRW 20 million. The recipient, the Plaintiff, and D received a certificate of confirmation of receipt of down payment (hereinafter “certificate of receipt”) out of the investment agreement with the content that “the Defendant, the Plaintiff, and D.”

C. On April 27, 2015, the Defendant leased the Geumcheon-gu Seoul Metropolitan Government Office KRW 20 million as lease deposit and KRW 2 million as monthly rent. On May 6, 2015, the Defendant established H Co., Ltd.

However, the Plaintiff filed a criminal complaint against the Defendant, which was not the progress of the project, and the Defendant was indicted by the Seoul Northern District Court 2016Kadan5772 as the Seoul Northern District Court on November 9, 2017 and was convicted of the Defendant on the same facts as the crime in the attached Form.

The defendant appealed against this, but the appeal court (Seoul Northern District Court 2017No2307).