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1. The Defendant’s KRW 78,00,000 and its related amount are 5% per annum from December 21, 2007 to November 6, 2014, and the Plaintiff.
Reasons
1. Basic facts
A. On December 4, 2013, the Defendant was indicted for a crime of fraud in Seoul Eastern District Court 2013Ma572, and was sentenced to not guilty on December 4, 2013, and the prosecutor appealed the said judgment as Seoul Eastern District Court 2013No1654, and reversed the lower judgment on April 25, 2014, and sentenced the Defendant to imprisonment with labor for ten months (hereinafter “instant judgment of conviction”). The Defendant appealed against the said judgment of the appellate court but appealed on July 10, 2014, and became final and conclusive as it became final and conclusive.
B. The summary of the facts charged in the above criminal case is as follows. The appellate court found the defendant guilty by deceiving the plaintiff as if the defendant had no intention or ability to guarantee the principal amount in the case of the transfer of shares from the plaintiff, and thereby deceiving the plaintiff as if he had the intention or ability to guarantee the principal amount in the case of the transfer of shares.
Around April 207, Defendant (the Defendant in this case) recommended a victim A (the Plaintiff in this case) (the Plaintiff in this case) to make an investment in shares to the effect that “I would know well that I would know about how I would operate a stock in his own name, and would make an investment in shares through her friendship.” On April 12, 2007, the Defendant had the victim open an account in the name of the victim and deposit KRW 100 million in the said securities account with the victim’s name, and around June 4, 2007, around June 4, 2007, the Defendant managed the victim’s shares by having the victim deposit KRW 100 million in the securities account in addition to the securities account.”