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(영문) 대구지방법원 2020.11.20 2020가단113423

손해배상(기)

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Defendant: (a) KRW 8,280,000 to Plaintiff A; (b) KRW 6,760,00 to Plaintiff B; (c) KRW 10,91,500 to Plaintiff C; and (d) KRW 9,895 to Plaintiff D.

Reasons

1. Basic facts

A. On November 14, 2019, the Defendant was sentenced to imprisonment for six months with labor for the following criminal facts in Daegu District Court Decision 2019Gohap3261, and the Defendant appealed but dismissed the appeal on February 7, 2020 ( Daegu District Court Decision 2019No4592), and the Defendant appealed again, but on March 24, 2020, the Defendant withdrawn the appeal (Supreme Court Decision 2020Do331) and the said judgment became final and conclusive (Supreme Court Decision 2020Do331).

(hereinafter “Related criminal judgment”). The Defendant, who is the head of the “I Cooperatives” in the Daegu Jung-gu H and the fourth floor, was in charge of the affairs of the Union.

On August 2016, 2016, "I Cooperatives" as above in Busan District Court Decision 702,500 won in terms of daily allowances, 73,750 won in terms of recommendation allowances, and 73,750 won in support allowances, and 702,50 won in addition, 73,750 won in consideration of recommendation allowances, and 90,000 won in total as 73,750 won in re-investment of 60,000 won in Busan District Court Decision 200,000 won, 3.60,000 won in terms of manufacturing and selling healthy foods, 7,000 won in terms of 73,750 won in support allowances, and 70,000 won in total as 9,000 won in re-investment of 60,000 won in the company."

However, in fact, it was not possible at the time to properly carry out the business of producing new seeds because the fund to take over the new seeds is insufficient, so the business of producing new seeds was not in the situation of selling the seeds, and the revenue to be paid to investors was paid by the so-called return preventing the return of the invested money by inviting new investors, and the revenue to be paid to investors was not paid as the first promise unless the members continuously increase, so even if receiving the investment from the victims, there was no intention or ability to pay the principal or profit in accordance with the agreement by acquiring the new seeds plant and creating the profits.

Nevertheless, the victim is the victim.