1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Basic Facts

In 2003, the defendant agreed to return the principal and profit of 10-80% to many and unspecified persons in order to raise funds necessary for real estate investment, such as resale of apartment and commercial building sale rights, and collected the investment money without delay.

D made an investment in the Defendant, on the other hand, directly recruited investors and introduced the Defendant or received investments from investors, and remitted the money to the Defendant.

The plaintiff became aware of the defendant through D and invested.

The Intervenor joining the Defendant was a representative director of L Co., Ltd. (hereinafter referred to as “L”).

L has carried out a project to build and sell a new commercial building for the construction of the Ilyang-gu Incheon Metropolitan City M.

On March 30, 2004, the defendant entered into a sales contract with L and the 1st floor of the commercial building.

On February 22, 2004, the remittance D and the defendant received the investment money, and D mainly used the passbook under the name of husband E, and the defendant used each passbook under the name of the head of the Tong or the N andO managed by himself.

Around April 9, 2004, the Defendant deposited a total of KRW 600 million in the name of D’s Schedule (I’s wife, D’s office) account, and then withdrawn KRW 640 million from the said account on the same day.

In other words, on April 12, 2004, each of KRW 200 million on April 16, 2004 and KRW 100 million on April 21, 2004 deposited into the account under the name of E (the husband of D) and then on April 22, 2004, the amount of KRW 500 million was withdrawn from the above account, and then returned again to the account under the name of O (the Defendant’s penalty division).

(hereinafter) As above, the KRW 500 million, which was withdrawn from the E account on February 22, 2004 and remitted to the O account under the name of the Plaintiff, is “the KRW 500 million.” Whether the Plaintiff invested in the instant KRW 500 million is the issue of this case, and as seen below 1-e, there have been several civil criminal litigations between the Plaintiff, D, Defendant, and the Defendant, and the Defendant, and is still pending). The Defendant and D District Court rendered a criminal judgment against the Defendant and D.