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(영문) 서울중앙지방법원 2020.07.16 2018가합560628

손해배상(기)

Text

1. All of the instant lawsuits are dismissed.

2. Litigation costs shall be borne by U law firm;

Reasons

Basic Facts

The status of the parties is the substantial representative of AB Co., Ltd. (hereinafter referred to as “AB”), Defendant X is the unit of AB, Defendant X is the director of the marketing headquarters, Defendant Y is the inside director of AB, and Defendant AA is the representative of AB, and Defendant AA is the representative of AC, a private enterprise managing the investment funds of AB.

The plaintiffs are those asserting that they made an investment in AB.

On April 4, 2016, the Seoul Central District Court found the Defendants guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the violation of the Financial Investment Services and Capital Markets Act, and sentenced Defendant W to the imprisonment of 13 years, Defendant Y, X 7 years, Defendant Z and AA 4 years, respectively. On the other hand, the Defendants jointly issued a compensation order to pay KRW 115,146,50,000 to 2,466 applicants for compensation.

[Application for compensation order] The Seoul Central District Court Decision 2015Da974, 995 (Joint), 1010 (Joint), 1021 (Joint), and 2015 early 3080, 2016 early 721, and 856 (Application for Compensation Order). In the appellate court proceeding following the appeal by the Defendants and the prosecutor, the Seoul High Court affirmed the same conclusion as the above judgment of the first instance on September 22, 2016, while maintaining the same conclusion with the judgment of the first instance court on September 22, 2016, the appellate court of the relevant criminal case found the Defendants not guilty of the part concerning the act of receiving similar benefits (from April 22, 2015 to August 24, 2015) during a part of the period of violation of the Act on the Regulation of Temporary Receipt of Goods against the Defendants (Joint) for the violation of the Act on the Aggravated Punishment, etc. on Specific Economic Crimes (Joint) and the remaining Defendants should also be dismissed on the ground that they were the victims' relatives.

The following facts of crime are guilty.