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(영문) 제주지방법원 2019.11.13 2018나12087
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On March 30, 2015, the Plaintiff remitted KRW 25 million to D as investment money.

B. D was sentenced to imprisonment on October 26, 2017 with prison labor on the following criminal facts; imprisonment with prison labor on October 26, 2017; imprisonment with prison labor on two years of suspended execution (Seoul Central District Court Decision 2016Da6434), and appealed but dismissed.

(Seoul Central District Court 2017No4159). No person shall engage in a business of importing investments under an agreement to pay the total amount of investments or an amount in excess thereof to many and unspecified persons in the future without obtaining authorization or permission, or filing a registration report, etc. pursuant to other Acts and subordinate statutes.

The Defendant, while operating the proxy driving company E and F, planned to request G to advertise the Internet, such as Blogs, and recruit investors under the pretext of soliciting the branch offices of the proxy driving company.

The Defendant, without obtaining authorization, permission, registration, etc. under relevant Acts and subordinate statutes, posted a letter on “F” website, tables, etc. to the head of a 246 branch office, including “the guarantee type of principal, guarantee of premium at the time of investment after two years,” and “the guarantee of premium at the time of investment” through the business explanation meeting, and the Defendant said to the effect that “the investors are entitled to receive lifelong pension benefits only by cash investment by generating profits from the business network of 246 branches nationwide, and jointly distributing them to the branches of the Republic of Korea.” The Defendant said to the effect that “the investment principal shall be guaranteed in the manner that the investors purchase rights to the branch office at their request.”

The Defendant, by advertising and explaining as above, recruited 25 million won from A (the Plaintiff of this case) to E National Bank Account (H) in the name of E Co., Ltd. (H) on March 30, 2015, as indicated in attached Table 71 through 153, from around that time to September 2, 2015.

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