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1. The Defendants jointly share KRW 163,100,50 with respect to the Plaintiff and Defendant B from August 25, 2017 to June 3, 2019.
Reasons
1. Facts of recognition;
A. While Defendant B was unable to purchase gold through a mutual savings bank’s E, etc., but there was no funds for the gold trading business, Defendant B received a proposal from many and unspecified individuals to invite investment funds in gold trading business by guaranteeing an excessive amount of principal repayment, high-investment profit, various allowances, etc., and Defendant B and F (hereinafter “Defendant B, etc.”) around October 30, 2015, intended to establish H (hereinafter “instant company”) in Jung-gu Seoul Metropolitan Government, Seoul, to establish a mutual savings bank in G and to obtain investment funds from many and unspecified persons under the pretext of a gold trading business.
B. Following such public offering, Defendant B, etc.: (a) at the office of the subsidiary office of the instant company located in Seocheon-si I around April 2017, to the effect that “B, it has been engaged in gold trading business in Hong Kong; (b) after importing or collecting tin, it has been set up and processed in gold with gold, or sold gold with special routes such as auction, etc.; and (c) if it is sold in the Si Heavy-si, the profits remains to approximately 30-40%; (d) the principal would be refunded in full over five (20) months from the following month; (b) the investment profits would be paid 4% of the investment principal of each month; and (c) if investment is recommended to make an investment to the surrounding persons and then the investors would be paid 46% of the investment principal of each month through recommendation allowances, and (d) the branch office would be paid with the payment of wholesale allowances separately by the wholesale company.”
However, in fact, Defendant B et al. tried to raise excessive investment funds in the absence of any capital experience or experience in the field of gold trading, thereby doing some gold trading business, and the substance of the gold trading business is simply wholesaleer.