beta
(영문) 서울중앙지방법원 2020.05.29 2019가합517096

투자금반환

Text

1. The defendant,

A. As to Plaintiff B’s KRW 5,00,000 and KRW 3,000,00 among them, the amount of KRW 5,000 shall be KRW 2,00,000 from July 2, 2015.

Reasons

1. Facts of recognition;

A. The Defendant: (a) formed an undisclosed investment association under the pretext of making an investment in a specific item of investment; (b) recruited the investment money; and (c) provided that the remaining amount of money after deducting the operating expenses of the association and the management remuneration from the investment money will be paid by investing in the project subject to investment in the relevant item; and

(Type 1) or the defendant has received the price for acquiring shares from investors and has decided to acquire shares of a particular company for such investor.

(Type 2). (b)

The Plaintiffs heard the above explanation from the Defendant’s officers and employees and concluded an investment contract with the Defendant (hereinafter collectively referred to as “each of the instant investment contracts”), the name of the contract by the Plaintiff, the contract price, the contract date, the contract date, and the contract payment date are as stated in the corresponding column of the Plaintiffs’ contract details.

(S) Nos. 1 through 3, 8 through 10, 12 through 14, 16, 17, 19 through 22, 24, 26 through 30, 35 are Type 1 and Nos. 4 through 7, 11, 15, 18, 23, 25, 31 through 34 are Type 2).

The former representative director M, the defendant's personnel N,O, P, Q, R, S, and T have committed the following acts, thereby being prosecuted in the Seoul Southern District Court due to the violation of the Act on Fraud, the violation of the Financial Investment Services and Capital Markets Act, and the Regulation on Unauthorized Receipt of Claims.

In addition, the defendant was prosecuted to the Seoul Southern District Court in violation of the Financial Investment Services and Capital Markets Act.

[The Seoul Southern District Court 2015 High Court 4570, 4664, 4927, and 5342 (merged), hereinafter “relevant criminal case”). On December 3, 2018, the above court sentenced M to imprisonment for 8 years, 3 years, O, P, Q, R, and S, 2 years, 1 year and 6 months, and 200 million won, respectively.

Defendants and the prosecution appealed against the judgment. On June 4, 2019, the appellate court appealed against M, N,O, P, Q, R, and Tweon Act on the Regulation of Unauthorized Receipt of Goods.