손해배상(기)
1. All of the instant lawsuits are dismissed.
2. Litigation costs shall be borne by A;
1. Basic facts
A. The Defendants, as executive officers of H Co., Ltd. (hereinafter “H”) or representatives of “I,” a company managing investment funds of the said company, were indicted at the Seoul Central District Court on suspicion that they committed crimes, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
(Seoul Central District Court 2015Gohap974, 995 (Joint), 1010 (Joint), and 1021 (Joint)). On April 4, 2016, the above court found Defendant C guilty of the following criminal facts: (a) sentenced each of 13 years of imprisonment with prison labor for Defendant E and D; (b) sentenced each of 7 years of imprisonment with prison labor for Defendant E and D; (c) sentenced each of 4 years of imprisonment with prison labor for Defendant F and G; and (d) ordered compensation for damage to 2,466 victims.
Defendant C is a real representative of H; Defendant E is a director-general of the marketing headquarters; Defendant F is a nominal representative director; Defendant D is a military unit name; Defendant G is a private business entity managing H’s investment funds. A. The representative is a private business entity managing H’s investment funds.
Around March 2015, the Defendants of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made false statements to the victim that “if you receive investments from H, they will invest the money in overseas futures, guarantee the principal after three months, and guarantee the investment returns equivalent to approximately 2.5% per month.”
However, the Defendants thought that most of the above investments were to be used for the purpose of using the so-called “debrising” for the return of investment proceeds to the J investors and H priority investors, which the Defendants had been operating before H.
The Defendants, as seen above, were remitted to KRW 138,031,00,000 in total from 2,993 victims, including deceiving the victims.
(b) Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report under any Act and subordinate statute, shall be a business of raising funds from many and unspecified persons in the future, and the principal or excess thereof.