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.

1. Basic facts

A. The Plaintiff and the Defendant had a personal relation since November 2016, and had a personal relation with the Plaintiff, and had a living together in an officetel in which the Plaintiff was living, and took place around April 2017.

B. The Plaintiff filed a criminal complaint against the Defendant on the charge of fraud that “the Defendant acquired KRW 20,323,559 in total over 420 times from November 26, 2016 to April 18, 2017 by means of letting the Plaintiff transfer or substitutely pay KRW 20,323,59,” but the prosecutor of the Incheon District Public Prosecutor’s Office affiliated with the Defendant on October 30, 2017 against the Defendant on the ground that “The Plaintiff and the Defendant did not have any other contractual relationship, such as a loan certificate, and was unlikely to determine the authenticity of the statement, or was living together on the premise of marriage.” ② In light of the Plaintiff’s import, it is difficult to believe that the Defendant paid KRW 20,323,559 in total for about five to six months, in consideration of the Plaintiff’s revenue, the Defendant did not prosecute the Plaintiff’s use of the passbook at the time of the instant case by cash suspension, and did not prove the credibility of the Plaintiff’s statement.”

C. Meanwhile, the public prosecutor belonging to the Incheon District Public Prosecutor’s Office prosecuted the Defendant on the charge that “the Defendant, around April 1, 2017, 23:40, fluencing friendship and drinking, was assaulted by the Defendant at the end of the Defendant, which led the Plaintiff to kill the Plaintiff’s head, booming the Plaintiff’s head, and cutting the Plaintiff’s face into the floor by cutting off the Plaintiff’s head, and booming the Plaintiff’s face, etc. on the drinking and hand, and the Incheon District Court issued a summary order (hereinafter “instant summary order”) that, on January 9, 2018, the Defendant was sentenced to a fine of KRW 70,00,00 for the crime of the above injury, and the summary order became final and conclusive at that time.