1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On February 16, 2007, the Plaintiff transferred KRW 120,000,000 to the account under the name of the co-defendant C, a representative director, through the account of E, the wife on December 25, 2007, and KRW 10,000,000 to the account under the name of the co-defendant C, a co-defendant of the first instance court where each Defendant is the representative director.

B. On December 22, 2016, the Plaintiff filed a criminal complaint against the Defendant as a result of the Defendant’s failure to pay the above money. On December 22, 2016, the lower court sentenced the Defendant to six months of imprisonment and two years of suspended execution (Seoul Central District Court 2016Da7001), and the lower judgment became final and conclusive as it was dismissed.

(Seoul Central District Court 2017No147 (hereinafter “relevant criminal case”). From September to October of the same year, the Defendant (Defendant B) stated to the effect that “The Defendant (Defendant B) at G hotel coffee shop located in Gangnam-gu Seoul, Seoul, “The head of H Gun gathered shall be the auditor of the Military Mutual-Aid Association; H Gun shall be the auditor of the Military Mutual-Aid Association; H Gun shall be paid to H Gun with a PF loan from the Military Mutual-Aid Association to pay a full amount of KRW 120 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000).” However, even if the Defendant borrowed the amount from the victim, it means the Co-Defendant C in the first instance judgment (the Co-Defendant Co-Defendant Co., Ltd.) that it operates.

A) Around December 25, 2007, it was thought that it will be used for the purpose of paying the operating expenses and the existing personal debt. Around 2002, there was no special property or income after the bad credit was granted due to the default of credit, while a bond has been borrowed money from the victim, and there was no intent or ability to pay it even if the bond was borrowed money. The Defendant, by deceiving the victim as such, got the victim into the account in the name of one bank in the name of the one bank bank in C, and acquired it by fraud. [The grounds for recognition] [the fact that there is no dispute over the grounds for recognition], Gap's statement of Nos. 1, 2, 4, and 8 (including each number), and the fact that there is a significant fact in this court.