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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic Facts
A. On May 2012, K’s conviction of the fraud against Plaintiff H refers to the purport that “K sits together with I at the mac shop located in Masan-gu L, Jeoncheon-si, Jeoncheon-si, and I makes an investment in the victim H because there are many aviation tickets currently purchased by K, and there are many aviation tickets currently purchased by K. K is entrusted with the airline tickets purchased by K, and it is sent money within two weeks in order to bring about KRW 900 million to 400 million.”
However, in fact, K did not have the right to purchase the airline tickets, and even if it received the money from the victim, it was planned that K would use the investment loss amount to meet the amount of the investment loss to K, and therefore there was no intention or ability to purchase the airline tickets for the victim.
K received KRW 60 million from the victim to the N’s account in the name of K on the 30th of the same month, and KRW 10 million from the following month to the K’s account on the 31st of the same month, and received KRW 10 million consecutively from the victim around that time to August 30, 2012.
K was prosecuted for a crime of fraud on June 5, 2014 as follows, and was convicted on February 12, 2015.
(Seoul High Court 2013Gohap196). The prosecutor and K appealed but the dismissal of the appeal (No. 2015No57 of the Gwangju High Court 201) became final and conclusive.
B. The guilty crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the plaintiffs (excluding plaintiffs H) is a situation in which K has already borrowed money from other creditors or has to pay the invested money, and therefore, K has no intention or ability to purchase airline tickets, and it is possible to purchase airline tickets to the victims including the plaintiffs (excluding H) and sell them in a high amount of profits from selling them in a high amount of sexual water. In making investments in money.