beta
(영문) 부산지방법원 2018.08.14 2017가단300103

부당이득금

Text

1. The Defendant shall pay the Plaintiff KRW 23,600,000 and the interest rate of KRW 15% per annum from January 11, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant, under the trade name of “E”, has been working as the Busan branch of the investment company of “F” to the effect that Internet servers are located in Hong Kong and bring profits into the casino of the United States and the United Kingdom, and Plaintiff B, C, and Nonparty G (hereinafter “Plaintiff, etc.”) are investors in the Defendant.

B. On July 201, the Defendant made a presentation to the effect that “E” office located in Busan Metropolitan Government He, and that many persons, including the Plaintiff, etc., will receive high profits by investing in the casino and making a profit from the casino to a foreign company that creates a profit,” and then, “one unit shall be paid KRW 1,200,000 per month for 10,000 per week for 50,000 won per week for 10 months.” “On the recommendation of one investor of one unit, 20,000 won for recommendation allowance shall be paid, and if the recommending person is two, 10,000 won shall be additionally paid.”

C. According to the above explanation, etc., (i) Nonparty G remitted KRW 24 million to the Defendant’s account on November 11, 201; (ii) Plaintiff B issued one cashier’s checks of KRW 10 million at the face value on September 5, 2011 and paid to the Defendant; (iii) on September 4, 2011, KRW 1 million at the face value on the issuance of eight copies of the cashier’s checks of KRW 1 million at the face value ( check number: J-K); and (iv) transferred to the Defendant’s account, KRW 4 million on September 9, 201, KRW 4 million at the Defendant’s account; and (iv) Plaintiff C wired KRW 96 million on September 16, 201, respectively.

The Defendant was prosecuted for committing a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission from Busan District Court 2012 Go-Ma7119. On December 12, 2012, the above court held that on December 12, 2012, the Defendant’s total amount of KRW 39.2 million (including KRW 9.6 million transferred directly by the Plaintiff C to the Defendant and KRW 23.1 million) from Plaintiff C and L, without permission from, or without filing a registration report with, the authority receiving the fund without permission from, the said authority.