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1. Defendant B’s KRW 228,700,000 as well as 5% per annum from April 30, 2014 to March 14, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. Defendants B and C were indicted as the facts charged of fraud and embezzlement with the following content as Seoul Central District Court Decision 2017Ma5794, and were convicted on April 16, 2018 (Defendant B’s imprisonment with labor for three years, and Defendant C’s imprisonment with labor for ten months).
1. On July 1, 2013, Defendant B, via Defendant C, made a false statement to the Plaintiff that “The Plaintiff would have a building in arrears, such as D building, which had been induced to attract foreign capital, and to remodel and sell it to a hotel after purchasing it. The attracting of foreign capital in an amount equivalent to KRW 300 billion has both taken place. The current security problem remains only. The amount of money should be included in the amount of money. The amount of money should be guaranteed to KRW 30-40% of the total amount of money, KRW 7 billion, or KRW 10 billion.”
However, Defendant B had no experience in attracting foreign capital or real estate development projects, and there was no foreign capital inducement at the time, and there was no specific project plan on the purchase of buildings or remodeling of hotels. Therefore, even if the Plaintiff received money from the Plaintiff, there was no intent or ability to pay the Plaintiff profits by promoting the said project.
Defendant B, through Defendant C, received total of KRW 271,00,000 from the Plaintiff as well as KRW 36,000,000,000 from the Plaintiff on the said day, and acquired it by defrauding the money by April 30, 2014.
2. Around May 2013, Defendant C recommended the Plaintiff to make an investment in the business promoted by Defendant B by presenting documents, such as investment attraction consulting service contract prepared with Defendant B, and did not use it as investment funds for the business promoted by Defendant C, among the storage of KRW 5,00,000 as investment funds on June 27, 2013, and used it for personal purposes such as repayment of personal debts, use of living expenses, etc.
Defendant C, as well as this, receives total of KRW 67,500,000 from the Plaintiff to January 25, 2014 for investment purposes, for personal purposes, such as repayment of personal debts and use of living expenses.