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(영문) 서울중앙지방법원 2020.06.19 2018가합509937

손해배상(기)

Text

1. The Defendant’s KRW 372,704,00 per annum for the Plaintiff and KRW 5% per annum from November 30, 2015 to June 19, 2020.

Reasons

1. Facts of recognition;

A. From September 201, the Defendant recruited investors by crowdfunding method, stating that “I would sell stocks to investors after purchasing unlisted companies and selling them to investors, and give profits to investors if the agreed profit realization time arrives while managing stocks for investors,” or that “I would like to attract investment funds after deducting 20% of the management remuneration by organizing a private investment association or undisclosed investment association under the name of investment issues and raising investment funds, and pay profits at the time of profit realization” from a number of investors including the Plaintiff.

Investment funds (won) 1 C on January 27, 2014: 200,00,000 on May 26, 2014 D 26, 2014; 30,000 E 3 E on June 23, 2014; 30,000,000,000 on June 18, 200,000 on June 25, 2014; 5, G 30,000,000 on December 30, 200,000 on December 16, 2014; 643,000,000,000

B. The Plaintiff, upon hearing the above explanation from the Defendant, entered into each investment contract (hereinafter “each of the instant investment contracts”) and paid the investment amount as set out in the following table.

C. The defendant representative director H, the defendant staff I, J, K, L, M, N, andO (hereinafter referred to as "the defendant's employees") collectively referred to the above acts of soliciting investment, etc.: each crime of fraud, the violation of the Financial Investment Services and Capital Markets Act, and the violation of the Act on the Regulation of Conducting Fund-Raising Business; the defendant was prosecuted for violating the Financial Investment Services and Capital Markets Act (Seoul Southern District Court Decision 2015Da4570, 4664, 4927, 5342 (merged), 5342)); the Seoul Southern District Court sentenced the defendant to the punishment of imprisonment with prison labor for 8 years, 3 years, J, K, L, M, and N for each of 2 years, 1 year and 6 months, 6 months, and 200 million won against the defendant.

The defendant employees, the defendant and the prosecutor appealed against the above judgment (Seoul Southern District Court 2018No2462), and the above.