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1. The part against the plaintiffs of the money that orders payment under the judgment of the court of first instance shall be revoked.
Defendant.
Reasons
1. Facts of recognition;
A. C Co., Ltd., as well as related persons, including Defendant E, and G (hereinafter “C”), collected investment money from many and unspecified persons under the pretext of bond and securities trading business, and engaged in a business of fund-raising without delay.
D operated C as the representative director of C, and I as the vice president of C, controlled and substantially operated C with D to exercise overall control over the whole business of C, and Defendant E and G as business directors under the J of Group C, and conducted investment attraction business such as investor recruitment, business explanation, and transfer of investment funds.
B. C’s act of fund-raising, fraud, etc. and criminal punishment of related persons (1) The Seoul Central District Court Decision 2013Da7598, 2013Ma7832 (Merger), 2014 Godan230, 2014 Godan338 (Merger), 2014 Godan338 (Merger), 2014 Godan904 (Merger), 2014 Godan1305 (Merger), which is convicted of fraud as criminal facts in the above criminal case (hereinafter “first criminal case”). Of these, the part related to the Plaintiffs (hereinafter “2014Mo338) are as follows.
C - Around January 21, 2011, Defendant D made a false statement to the effect that, if he/she made an investment, through G, a business director E and a business employee G, he/she would make a substantial profit, he/she would pay 18-20% of the investment amount as profit every 90 days and guarantee the principal amount.
However, in fact, while the C's business performance had not been achieved at the time, the considerable portion of the funds received from investors has been used in preference to attracting investments, paying benefits and office rents to employees including Defendant D and business employees, etc., and the remainder of the funds has no intention or ability to pay the principal or investment profits to the victim even if the victim received the investment funds from the prior investors due to a sudden relationship that was an urgent situation for the payment of profits of the prior investors.
Nevertheless, the defendant D belongs to this.