The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On September 1, 2016, the Plaintiff filed a complaint against the Defendant on suspicion of fraud, and the Defendant was sentenced to imprisonment with prison labor for one year and six months (Seoul Eastern District Court Decision 2016Ma869, 1955, hereinafter “instant criminal judgment”) upon being convicted of the following criminal facts by the court (hereinafter “instant criminal judgment”). ① around January 201, the Defendant called the Defendant to the Plaintiff as an insurance contract owner at the office located in Gangnam-gu Seoul Metropolitan Government D Co., Ltd., Ltd., and called “Ahhhhhhhhhhhhhhhhhhhhhhhh,” by phoneing the Defendant to the Plaintiff.

In addition, a loan of KRW 23 million through the terms and conditions of insurance and credit loan, which is paid in 24 million won as a result of Masan, will be paid the interest of KRW 1,100,000 per month for the loan of KRW 47 million, and the principal will be responsible and repaid.

“The purpose of “ was to make a false representation.”

However, upon receiving money from the injured party, the Defendant was expected to pay the insurance payment of the insured policy holders recruited by the Defendant on behalf of the Defendant, and to use it to preserve the Defendant’s fee and pay the existing debt. The amount of debt incurred by the said substitute payment was more than 30 million won, and the Defendant’s income was unable to repay the existing debt. Thus, even if the Defendant borrowed the above money from the injured party, there was no intention or ability to fully repay the principal and interest.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the victim, KRW 47 million on February 17, 201 as the borrowed money.

② On September 26, 2012, the Defendant calls from the victim A to lend KRW 2,00,000 to the victim by obtaining a loan of the terms and conditions of the F insurance that he/she has subscribed, and he/she will repay the loan along with the existing obligation.

“A false statement was made to the effect that it was “.”

However, at the time, the defendant has already borne the above insurance premium payment, etc., which exceeds 300 million won, so that the victim can pay the principal and interest of the principal and the existing debt.