1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below is revoked.

1. Facts of recognition;

A. On April 2005, the Defendant created a new container with money collected from many people and supplied it to the Dwon-gun G Forest (hereinafter “the instant forest”).

The business that lends KRW 500 million to the Corporation and received interest from 5.5% per month, thereby making profits (hereinafter referred to as the “instant business”).

B. (1) The Defendant recommended the Plaintiff to make an investment in the instant project, and received a remittance of KRW 20 million on May 17, 2005, and invested the largest KRW 150 million among the investors of the instant project in order to make an investment in the instant project. On April 29, 2005, the Defendant created a right to collateral security of KRW 70 million with respect to the instant forest land on behalf of the investors, on April 29, 2005, to secure a loan to D. The said amount was immediately paid KRW 50 million with the maximum amount of debt, to return the said amount to A and correct it.

2005년 5월 24일 保 管 人 B (피고 날인) A 貴 下 (2) 원고에게 돈을 더 투자할 것을 권유하여 2005. 5. 23. 5,000만 원(이하 ‘이 사건 투자금’이라 한다)을 송금받았으며, 원고의 요구에 따라 다음 날 다음과 같은 내용의 현금보관증(이하 ‘이 사건 현금보관증’이라 한다)을 작성해 주었다.

C. The Defendant, in introducing the instant business to a relative person other than the Plaintiff, recruited investment funds by introducing the instant business, and the amount of investment funds collected by the Defendant from six investors including the Plaintiff was 178,625,000 won which was collected by the Defendant, which was 180,000 won. Since one of the investors deducted and remitted the amount of 1,375,000 won which was actually received, the amount of actual remittance is 178,625,000 won.

was remitted and paid to D after deducting interest for a month from the remittance of the investment fund.

(B) In addition, the Defendant invested one hundred million won in his own money, and the investor C directly remitted the amount of KRW 150 million to D, and H directly remitted the amount of KRW 70 million to D).

D The interest interest paid by the advance interest shall be the investors of the business in this case.