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(영문) 서울중앙지방법원 2017.05.31 2017가합4992

손해배상(기)

Text

1. The Defendant: 470,000,000 won to the Plaintiff (Appointed Party); 300,000,000 won to the Appointed C; and 120,000 won to the Appointed D.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter jointly referred to as “Plaintiffs”) concluded each investment contract between the Defendant and the Defendant to make an investment to the Defendant with the amount indicated in the “Date of Agreement” as set out below, and the Defendant paid the amount indicated in the “total amount invested by each investor” to the Defendant on each date set forth below.

Plaintiff 20,00,000,000 470,000,000,000 on January 22, 2016, 2016, for each investor’s total amount of investment (won) as of the date of agreement for investment (including KRW 30,000,000 on April 20, 2016 C on February 16, 2016, 100,000 C on April 20, 2016: (a)0,000,000,000 on April 20, 2016; (b)0,000,000,000 D on May 20, 2016; and (c) 120,000,0000,120,0000 on May 20, 2000

B. On February 3, 2017, the Defendant was sentenced to 12 years of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. by Seoul Central District Court 2016 Gohap932

The criminal facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant are as follows: even if the defendant received money from the victims as the investment in the overseas business operated by the defendant, such as the FX M&D business, the defendant used it for its original purpose, or did not have the intent or ability to repay the principal and interest with the business profits operated by the defendant; however, if the defendant invests in the overseas business operated by the defendant, such as FX M&C brokerage business, etc., the defendant would like to pay the principal and interest with such profits; from November 21, 2011 to August 26, 2016, it was acquired from 12,178 victims to 35,283 times in total from 12,178 victims to 35,283 times in total.

The defendant's above facts of crime are examined as above.

1.(a)

It includes the fact that the investment money has been acquired through fraud, such as the statement in the paragraph.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim.