1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. On July 24, 2006, the Defendant issued a foreign exchange transaction program (D) with C on July 24, 2006, and, even if the Defendant was not a joint developer of the said program and was not able to acquire the total right to purchase the said program in Korea, C may jointly develop the foreign exchange transaction program, and then make a payment of 80% interest rate of 80% and 20 to 30% interest per month for the foreign exchange transaction with the said program. (b) If investing KRW 200 million to B, upon considering the Asia’s total right to purchase the said program, the Defendant deceiving C, and then, C, on July 28, 2006, remitted KRW 80 million to the Defendant’s wife’s account.

(hereinafter referred to as “the first fraud”). (b)

The defendant at the end of August 2006 No. 1-A.

The plaintiff deceivings the plaintiff in the same manner as described in the paragraph, and the plaintiff transferred 20 million won to the F's account on August 31, 2006.

(hereinafter referred to as “second fraud”). (c)

On December 1, 2011, at the Seoul Eastern District Court, the Defendant was sentenced to one year of imprisonment with prison labor for fraud and two years of suspended execution (No. 201stdan1401). The Defendant appealed against this, but the appellate court dismissed the Defendant’s appeal on March 30, 2012 (No. 201No1830), and on April 7, 2012, the said judgment became final and conclusive.

(hereinafter referred to as “related criminal case”). D.

Plaintiff

On September 27, 2011, C decided to withdraw a complaint by entering into an agreement with the Defendant on a criminal case related to the Defendant, and around that time, the Defendant paid C KRW 15 million as part of the agreed amount with respect to the first fraud.

E. On June 8, 2018, C transferred to the Plaintiff the damage claim against the Defendant arising from the 1st fraud, and notified the Defendant of the assignment of the claim on July 11, 2018, and around that time, C reached the Defendant.

[Ground of recognition] The fact that there is no dispute, A.