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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On May 2017, the Defendant: (a) made an investment in the Plaintiff at the law firm D office in Busan, the Plaintiff in Busan, and at the office operated by G located in the same ES apartment F; (b) around that time, the Plaintiff (“H company” (hereinafter “H company”) was an interim person in charge of Busan, which has its head office in Brazil; and (c) made an investment in H company according to the winning rate of all sports games, such as the camping and axis. If the Party purchased 2.5 million won and then purchased bitcoin and then subscribed to one account through H company’s website, it would pay dividends of USD 170 per week each week at a fixed rate of 52 weeks; and (d) in addition, it would pay support allowances of USD 1360 per week in the case of raising subordinate investors and KRW 10 million in the case of a horizontal structure.
However, H Company is merely a gambling business with unclear substance and thus, it was extremely inappropriate to determine whether the dividend agreed upon to investors can be paid definitely. In fact, the investment amount was not remitted to the head office Brazil, and the dividend paid to the preceding investor was paid with the investment amount received from the subsequent investors in Korea. As such, even if the Defendant received the investment amount from the Plaintiff, it did not have the intent or ability to pay the dividend definitely.
On May 25, 2017, the Plaintiff, upon the Defendant’s solicitation of investment, remitted KRW 10 million to the Busan Bank account in the name of the Defendant’s mother.
[Defendant was indicted for committing the crime that he acquired by deception from the Plaintiff as investment funds by receiving KRW 10,00,000 from the Plaintiff, and was convicted of a fine of KRW 3 million as Busan District Court Decision 2018Da1367 on October 11, 2018, and the above judgment was finalized on October 19, 2018.
The plaintiff above A.
as described in paragraph (1).