1. The Defendant’s KRW 26,565,00 for the Plaintiff and KRW 5% per annum from September 25, 2019 to November 24, 2020 for this.

1. Basic facts

A. The Defendant recommended the Plaintiff to make an investment to the effect that “C is a financial investment company, which is called C, pays 8% monthly profits for 18 months, and, after 18 months, the Plaintiff would return the total amount of principal if the Plaintiff wishes, and then transferred KRW 37,950,000 to the Gwangju Bank Account in the name of the Defendant on January 13, 2015.

B. On September 19, 2017, the Defendant, in collusion with D operators E, was indicted for violating the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission under the Act and subordinate statutes, and was sentenced to a two-year suspended sentence on December 22, 2017. The above judgment became final and conclusive on December 30, 2017.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. Determination as to the cause of action

A. In light of the following circumstances acknowledged by comprehensively taking into account whether an intentional tort (Fraud) is constituted: (a) the statement in subparagraphs 2 through 9, the witness F’s testimony, and the overall purport of pleadings; (b) the account created in the name of investors in the website when an investor entered C member by making an investment in C; (c) the Plaintiff was admitted to C website; and (d) the Plaintiff was paid a total of KRW 13 million with monthly income for five months from January 13, 2015 after the Plaintiff made an investment on January 13, 2015; and (e) the Plaintiff was paid a total of KRW 13 million with monthly income for five months from June 2015, it is insufficient to recognize that the Defendant intentionally acquired the Plaintiff’s investment money solely on the ground that the Defendant was subject to criminal punishment for

Therefore, this part of the plaintiff's assertion is without merit.

B. The Act on the Regulation of Conducting Fund-Raising Business without Permission is prohibited in the Act on the Regulation of Conducting Fund-Raising Business without Permission, and it also regulates criminal punishment for violating the Act.