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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. The facts of recognition 1) The Defendant, by deceiving the Plaintiff, obtained a total of KRW 29.3 million (the following, “Defendant” refers to the Defendant of this case), was sentenced to imprisonment on November 3, 2016, and on November 11, 2016, which became final and conclusive on November 11, 2016 (the Daegu District Court 2016Ra1324, the Defendant, as an insurance solicitor, tried to connect the insurance company with a siren car company and receive fees for the intermediate period when the insured was involved in a traffic accident.
1. On November 21, 2013, at the District Education Office of D Co., Ltd. located in Daegu-gu, Daegu-gu, the Defendant explained the project that the Defendant sought from the victim A, and said that “The Defendant would make profits worth KRW 100,000,000 per month if he/she made an investment, by purchasing a siren directly rather than receiving a fee to connect an insurance company and a siren company, and by receiving a fee from an insurance company, he/she would be able to receive a large amount of profits, and there would be no absolute damages because he/she would sell a siren. In general, the amount of KRW 15,00,000 is 15,00,000 won, and the amount of KRW 15,00,000 per month would make an investment.”
However, even if the Defendant received investment money from the victim, he did not have the intent or ability to conduct the business by purchasing sirens, and the money received from the victim tried to use it for other purposes, such as living expenses, not for the purchase of sirens.
The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the E-bank account in the name of the Defendant’s name on November 27, 2013 as investment money.
2. The Defendant, as stated in the foregoing Paragraph 1, was unable to give rise to the agreed profits despite having received investments from the victim A, and became subject to a claim from the victim.
At this time, the Defendant on January 22, 2014