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(영문) 창원지방법원진주지원 2019.02.15 2017가단37269
손해배상(기)
Text

1. The Defendant: (a) KRW 20,700,000 for the Plaintiff and 5% per annum from November 23, 2017 to February 15, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff’s investment C received investment money from many unspecified people through a fund raising source, etc. consisting of a fund raising source in the form of a braille, etc. by referring to a financial institution specializing in FXE futures trading, which is a kind of foreign exchange derivatives trading, and upon joining C as a member with investment money, a fixed-amount dividend of 3 to 8% per month and principal can be guaranteed, and through the personal account opened on the Internet website, an investment money and a recommendation fee, and a future dividend amount can be verified. Nevertheless, the Plaintiff did not obtain authorization, permission, etc. in accordance with the laws and regulations on banking and post office business, etc. to guarantee the principal and receive investment money.

With respect to the Defendant’s act of fund-raising KRW 50 billion from February 4, 2014 to May 2015, 2015, the Defendant recommended to make an investment in C with the purport that “If it invests in Company C, it may make profits at least 5% per month, and recover the principal after 18 months,” to the Plaintiff, who is the employee volunteer in the early police station, as the employee volunteer in the Defendant’s workplace, “if it invests in Company C, it may collect the principal after 18 months.” On June 4, 2015, the Defendant received 34,500,000 investment from the Plaintiff to the Ebank account in the name of the Defendant to transfer the amount to C higher business account.

B. The defendant who confirmed a summary order against the defendant is above Ga.

On March 6, 2018, a summary order of KRW 1,00,000 (this court approximately 2018,314) was issued on March 6, 2018 due to the criminal facts of an act of receiving money without permission as stated in the above paragraph, and the above summary order was finalized around that time.

[Ground of recognition] Unsatisfy, Gap evidence 3 through 8 (including branch numbers in case of additional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. The Act on the Regulation of Conducting Fund-Raising Business without Permission is prohibited in the 1-related legal principles, and it is against such act.

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