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1. As to Plaintiff D, B, and C, KRW 1,412,89, KRW 2,354,832, and each of the above amounts, Defendant E shall be paid to Plaintiff D, B, and C.
Reasons
In fact, Defendant E operated a mutual game site of “G” in the Buddhist area of Yeongdeungpo-gu Seoul Metropolitan Government from November 25, 2016 to March 2017, and operated the mutual game site of “I” in “I” from March 24, 2017 to July 2017.
Defendant F concurrently operated the above game room.
Defendant E, around October 2016, solicited the Plaintiffs to acquire shares in the above adult game room and receive profits from them. Plaintiff D wired KRW 15 million under the name of the investment in the Yeongdeungpoyang Game room on October 12, 2016. Plaintiff B wired KRW 15 million under the name of the investment in the Ansan Game room on October 13, 2016. Plaintiff A wired KRW 25 million under the name of the investment in the Ansan Game Center on October 14, 2016. Plaintiff A wired KRW 25 million under the name of the investment in the Ansan Game Center on November 14, 2016. Plaintiff C wired KRW 15 million under the name of the investment in the Youngyang Game Center on November 14, 2016.
Defendant E received a total of KRW 70 million from the Plaintiffs, and was kept for the operation of the said game room with other investors’ funds. On November 7, 2016, Defendant E transferred KRW 70 million to the KIKO Securities Account in Defendant’s name, and transferred KRW 70 million to the same account on November 16, 2016, and then embezzled by using KRW 140 million in total as the Defendant’s share investment price.
Defendant E transferred KRW 140 million to a stock account, and thereafter returned KRW 107,032,342 from November 29, 2016 to March 24, 2017 to an account for the operation of the game room.
The Plaintiffs filed a complaint against the Defendants with embezzlement, etc., but only Defendant E was prosecuted, and Defendant F was subject to a disposition of non-guilty suspicion.
On September 26, 2019, Defendant E was sentenced to a suspended sentence of two years in October 10 of imprisonment with prison labor for the above 140 million won in the Busan District Court’s Branch Branch of Incheon District Court’s embezzlement, etc., and the above judgment became final and conclusive.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence No. 1, and a summary of the plaintiffs' claims as to the ground of claim of the whole pleadings.