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1. Defendant B’s KRW 150,000,000 as well as 5% per annum from April 26, 2017 to April 2, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. Defendant B was sentenced to eight years of imprisonment on March 29, 2019 for criminal facts that include the following:
[Seoul East Eastern District Court 2018Kahap1, 161 (combined), 231 (Consolidated), 232 (Consolidated), 312 (Consolidated), and 317 (Consolidated)] Defendant B made a false statement to the effect that, around March 17, 2017, Defendant B purchased merchandise coupons from the main company and sold merchandise coupons to the Plaintiff at the H office located in the Seoul Jung-gu Seoul Metropolitan Government F building G, and that, when investing in merchandise coupon business, the Plaintiff would pay monthly profits equivalent to 6% of the investment amount. The investors would be safe as they pay merchandise coupons.”
However, even if Defendant B received money from the Plaintiff for the purpose of investment in gift certificates, it is impossible to purchase a large amount of gift certificates in I, J, and K, the head office for the issuance of gift certificates, and there is no intention or ability to return the above profits or the principal to the Plaintiff, since Defendant B purchased gift certificates of approximately KRW 3.2 billion at a discount rate of approximately 1.5-2.5% from L from other gift certificate wholesale companies, and purchased gift certificates of approximately KRW 3.2 billion at a discount rate of approximately 1.5-2.5% from M.
Defendant B deceiving the Plaintiff as above and transferred KRW 130,000,000 from the Plaintiff to a bank account in the name of Defendant E-owned by Defendant B for investment in merchandise coupons around April 17, 2017, and acquired KRW 20,000,000 in total from the above office under the same name as the Plaintiff, around the 26th day of the same month, and acquired KRW 150,00,000 from the above office under the same name.
B. On March 17, 2017, the Plaintiff, on March 16, 2017, which was before the date of the delivery of Defendant B, explained Defendant C and D’s merchandise coupon business from the Plaintiff.
Accordingly, the plaintiff, in collusion with the defendant Eul, would make an investment in the gift certificates business, to the defendant Eul that had the defendant C, D, and B use his deposit account.