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1. The Plaintiff:
A. Defendant B and D jointly share KRW 200,000,000 and Defendant B with respect thereto.
Reasons
1. Facts of recognition;
A. Defendant B and C offered to acquire money from the Plaintiff by issuing a mobile product certificate that cannot be exchanged with a general product right (type). (2) On March 2, 2018, Defendant B supplied the Plaintiff with the KRW 600 million in mobile service with each share and the G product right. The cash amounting to KRW 600 million is to sell gift certificates at a price much higher than the ordinary price at each share. The KRW 300 million is the F product right of KRW 100,000,000 and KRW 100,000 is the KRW 10,000,000,000,000 won, and the remaining KRW 200,000,000,000,000 won will be sent to a mobile phone in the form of the G mobile product right of KRW 1,00,000,000,000,000,000,000.
On March 2, 2018, Defendant C transmitted 200 copies of G mobile product certificates 1 million won produced from his company to the Plaintiff’s mobile phone.
3) However, the fact that the Plaintiff did not enter into a normal contract on the issuance of merchandise coupons between H, I, Defendant B, and C, and thus, it was impossible to exchange G mobile merchandise coupons transmitted to the Plaintiff from H stores as a general merchandise coupon. 4) The Plaintiff paid KRW 200 million to Defendant B on March 2, 2018 as the price for mobile merchandise coupons.
B. Defendant B and C were prosecuted as a crime of fraud in relation to the instant tort (Seoul Central District Court 2019Da1150, June 27, 2019), and the above court rejected Defendant C’s motion rejection as follows, and found Defendant C guilty of all the charges, and sentenced Defendant B’s imprisonment with prison labor for two years, and Defendant C’s imprisonment with prison labor for two years and for two years, with prison labor for eight months.
Defendant C’s assertion is that it issued mobile product certificates at Defendant C’s request, and Defendant B issued mobile product certificates.