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1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
The defendant shall pay to the plaintiff KRW 5,940,00.
Reasons
1. The following facts are acknowledged either as a dispute between the parties or as a whole in light of the evidence Nos. 1, 12, 10-4 to 12, 18, 20, 21, 22, and Ra No. 1, and the purport of the entire pleadings:
A. G (formerly: H) around 2014, engaged in the business of investing in the company called Judling USSA by inviting investors under the name of its member of the I card.
B. If an investor deposits more than one unit (2,700,000 won per old unit) of investment agreement, G Co., Ltd. paid dividends and principal amounting to 8% per month to investors.
C. The Defendant: (a) received investment money from Co-Defendant C and D of the first instance trial while investing one unit of account in his/her own account when soliciting investors; (b) transferred money to J, etc. (the solicitation of investors was conducted in multi-stage manner; (c) the J, etc. appears to have been an executive or employee of the Defendant’s upper level investors or G), and (d) received gains from exchange of investment money, etc. while entering the details of investment into the Internet site of the said U.S. company.
The Plaintiff was solicited to make an investment from D, etc. from January 24, 2014 to February 20, 2014, and deposited 59,400,000 won in person or by the Defendant’s above account, but only received 14,680,000 won as the name of dividend.
2. The Act on the Regulation of Conducting Fund-Raising Business without Permission provides that an act of receiving an investment shall be defined as a kind of the act of fund-raising business without permission and shall prohibit the act of fund-raising business without permission (Article 2, 3, and 6 of the above Act). It constitutes a tort as an act of fund-raising business without permission where a stock company G receives an investment in the same manner as the above paragraph 1, and the act of the defendant 1-C and (d) constitutes aiding and abetting such act.
Therefore, the defendant is jointly held.