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The defendant's KRW 137,770,000 for the plaintiff and 5% per annum from September 20, 2017 to July 31, 2020.
Reasons
1. Facts of recognition;
A. A. On July 6, 2017, the Defendant: (a) around the D stores run by the Plaintiff in Boan-si, the Plaintiff was the doctor of the hospital, and (b) was the president of the investment company using 17 employees, and (c) was committing a large number of money through real estate, agricultural products distribution, etc., and (d) was able to collect money from an agricultural product distribution and real estate investment; (b) a small amount of money is also fine. A person who helps two people buy the house, and helps one to buy the building. Around the time of investment, the Defendant used the building to obtain a large amount of profit immediately before aging. It was called that the Plaintiff was the heir in the Republic of Korea. B. It would be able to collect money if he/she trusted and invested.”
B. However, in fact, the defendant was under investigation of the crime of fraud at that time, and had the record of being punished for fraud even before that time, and did not have a specific plan for the land development project in Songpa-gu Fdong, Songpa-gu, which the defendant planned, and did not have any specific plan for other high-income, so even if he received money from the plaintiff, he did not have an intention or ability to pay high-income according to the promise.
C. According to the statement in Gap evidence No. 1-1, 195,170,00 won in total over 30 times from July 6, 2017 to September 20, 2017, the plaintiff, at the end of the defendant, remitted the defendant a total of KRW 195,170,000 to the defendant under the name of investment, and according to the statement in the evidence No. 1-1, 200 won in criminal judgment, the sum of the amount the plaintiff remitted to the defendant is KRW 19,2170,00,000, but according to the evidence No. 3-4 of the above evidence No. 3-1, it is confirmed that the plaintiff, as well as the above KRW 19,217,00,00,00 to the defendant on August 8, 2017 (Transfer account: G).
The defendant is guilty against the above acts in Daejeon District Court Decision 2018 Godan761, 931 (Joint).