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(영문) 서울고등법원 2017.09.15 2017나18844
손해배상(기)
Text

1. According to the reduction of claims in this court, the judgment of the first instance is modified as follows.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter jointly referred to as “Plaintiffs”) concluded each investment contract between the Defendant and the Defendant to make an investment to the Defendant with the amount indicated in the “Date of Agreement” as set out below, and the Defendant paid the amount indicated in the “total amount invested by each investor” to the Defendant on each date set forth below.

Plaintiff 20,00,000,000 470,000,000,000 on January 22, 2016, 2016, for each investor’s total amount of investment (won) as of the date of agreement for investment (including KRW 30,000,000 on April 20, 2016 C on February 16, 2016, 100,000 C on April 20, 2016: (a)0,000,000,000 on April 20, 2016; (b)0,000,000,000 D on May 20, 2016; and (c) 120,000,0000,120,0000 on May 20, 2000

B. Meanwhile, the Defendant paid KRW 91,200,000 to the Plaintiff as dividend for each of the above investment contracts, KRW 25,000,000 to the Appointor C, and KRW 7,200,000 to the Selection.

C. On February 3, 2017, the Defendant was sentenced to 12 years of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. by Seoul Central District Court 2016 Gohap932

The criminal facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant are as follows: even if the defendant received money from the victims as the investment in the overseas business operated by the defendant, such as the FX M&D business, the defendant used it for its original purpose, or did not have the intent or ability to repay the principal and interest with the business profits operated by the defendant; however, if the defendant invests in the overseas business operated by the defendant, such as FX M&C brokerage business, etc., the defendant would like to pay the principal and interest with such profits; from November 21, 2011 to August 26, 2016, it was acquired from 12,178 victims to 35,283 times in total from 12,178 victims to 35,283 times in total.

The defendant's above facts of crime are examined as above.

1.(a)

It is true that the investment money has been acquired through each payment, such as the statement in the paragraph.

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