Kyung Sil Choi, Bo Kang Park, and Han Chong v. Jung Hee Kim (mem. dec.)

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jun 26 2020, 11:49 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals and Tax Court estoppel, or the law of the case. ATTORNEY FOR APPELLANTS ATTORNEY FOR APPELLEE Megan J. Schueler Vincent S. Taylor Ferguson & Ferguson Bloomington, Indiana Bloomington, Indiana IN THE COURT OF APPEALS OF INDIANA Kyung Sil Choi, Bo Kang Park, June 26, 2020 and Han Chong, Court of Appeals Case No. Appellants-Defendants, 19A-PL-1429 Appeal from the Monroe Circuit v. Court The Honorable Elizabeth Cure, Jung Hee Kim, Judge Appellee-Plaintiff. Trial Court Cause No. 53C04-1611-PL-2260 Riley, Judge. Court of Appeals of Indiana | Memorandum Decision 19A-PL-1429 | June 26, 2020 Page 1 of 17 STATEMENT OF THE CASE [1] Appellants-Defendants, Kyung Sil Choi (Choi), Bo Kang Park (Park), and Han Chong (Chong) (collectively, Appellants), appeal the trial court’s denial of their motion to correct error thereby affirming the jury’s verdict in favor of Appellee- Plaintiff, Jung Hee Kim (Kim). [2] We reverse. ISSUES [3] Appellants raise three issues on appeal, which we consolidate and restate as the following two issues: (1) Whether the trial court abused its discretion in tendering certain information to the jury after jury deliberations commenced; and (2) Whether sufficient evidence exists to support the theft verdict against Appellants. FACTS AND PROCEDURAL HISTORY [4] In February 2012, Kim, a South Korean national and Choi’s sister-in-law, visited the United States on a tourist visa. She attempted to return to the United States in January 2014 with her children to visit Choi. However, due to an immigration violation during a previous visit, Kim and her children were denied entry into the country and had to leave immediately. Choi was travelling to South Korea at the same time and therefore Kim and her children Court of Appeals of Indiana | Memorandum Decision 19A-PL-1429 | June 26, 2020 Page 2 of 17 left on the same flight as Choi. During the flight, Choi and Kim discussed different possibilities for Kim to potentially return to the United States. [5] Park was the sole shareholder of Oya, which owned two restaurants: the Sake Bar and Japonee. The restaurants operated in leased space in a building managed by Chong. In 2012, a fire partially destroyed Japonee. While Japonee was being rebuilt, Park opened the Sake Bar. Upon Japonee’s reopening, Park was no longer interested in operating the Sake Bar and started searching for a purchaser. Choi contacted Kim and they talked about Kim’s interest in investing in the Sake Bar. An investment in the Sake Bar would permit Kim to apply for an E-2 visa, an investor visa which allows an individual to enter and work in the United States based on an investment the individual will be controlling while residing in the country. In March 2014, Choi directed Kim to send $15,000 to Oya as ...

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