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(영문) 서울중앙지방법원 2020.01.28 2019나33882

투자금반환

Text

1. Of the judgment of the first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

Facts of recognition

From September 201, Defendant B Co., Ltd. (hereinafter “Defendant Company”) established a private investment association (AB0), and an anonymous investment association (AC00) under the name of a contracting party, for investment issues, to attract investments to investors, and to pay profits at the time of profit realization by investing in the relevant investment projects after deducting 20% of the management remuneration.” The Defendant Company purchased the shares of the company owned by the Defendant Company and sold them to investors in the name of the Defendant Company for the management of the shares in the name of the Defendant Company, and made a solicitation of investments from many investors including the Plaintiff (AB0).

The Plaintiff entered into each investment contract (hereinafter “each of the instant investment contracts”) with the Defendant Company after hearing the above explanation from the Defendant Company on each of the relevant days set forth in the attached Table 1 of the investment amount table, and paid each of the investment amounts listed in the attached Table 1 to the Defendant Company.

around January 12, 2007, Defendant C established the Defendant Company (formerly: AD Company) that sells insurance products, etc., but around August 23, 201, after changing the name and characteristics of the Defendant Company as at the present time, Defendant C constituted a multi-level business organization for raising investment funds and operated the Defendant Company.

AG, AH, AI, AJ, and Defendant D entered the Defendant Company from September 201 to October 2012, and thereafter, as the head of the headquarters from September 201 to October 5, 201, attracting investment funds through its affiliated branches.

(2) The Defendant’s officers and employees in criminal cases do not constitute a crime of fraud and the Financial Investment Services and Capital Markets Act.