1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Judgment on the Grounds of Claim

A. The Act on the Regulation of Conducting Fund-Raising Business without Permission prohibits an act of fund-raising business without public trust, and criminal punishment for the act of violating this Act is to prevent damage to a third party who disturbs financial order by raising funds from many unspecified persons and engages in transactions without public trust. As such, the act of fund-raising business without permission is not only subject to criminal punishment but also subject to criminal punishment in a case where the risks inherent in such act are realized, thereby causing damage to the other party, it constitutes a tort under the civil law. Even if the fund-raising business entity without permission was aware that the money-raising business entity did not perform its duty of return, even if it did not attracts investment money with the knowledge that it did not have performed its duty of return, it cannot avoid liability for compensation for damage to the victim arising from the above transaction.

(See Supreme Court Decision 2006Da1343 Decided December 27, 2007). B.

It is recognized that the Plaintiff deposited KRW 3,300,00 in the Defendant’s account under the name of the Defendant’s father on January 6, 2016, and the Defendant remitted it to the Defendant’s account. The Plaintiff received KRW 515,200 from C, but the victims detained and invested in C were bound by the Defendant’s representative E form the nationwide victim’s credit group, or there is no dispute between the parties, and the fact that the victims formed the victim’s credit group was added to the entire testimony of the first instance trial witness.

C. In light of the defendant's status, role, etc. known in the above facts of recognition, the defendant shall be viewed as the defendant.