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(영문) 서울중앙지방법원 2019.07.18 2018가합7073
사취금반환 청구의 소
Text

1. The Defendant (Appointed Party) against the Plaintiff (Appointed Party), KRW 413,00,00, KRW 87,000 to the Appointed C, and KRW 178,00 to the Appointed D.

Reasons

Basic Facts

The defendant is an affiliate of FF (hereinafter referred to as “F”), which aims at the sale of game instruments, etc.

On January 20, 2017, G and H, the joint operator of F, as the Defendant’s representative interest and F, received investment funds from around April 2011 to January 2017, “B”, the victims including the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs”), but did not have any intent or ability to purchase and operate the game machine overseas or to pay the proceeds therefrom, they purchased one unit of money from the victims including the Plaintiff (Appointed Party) to the effect that “I would purchase the game machine from the U.S. Tech and establish it with a huge amount of 11,00,000,000 won for investment in the overseas game machine installation business, and then accused the victims of the above violation of the Specific Economic Crimes of KRW 50,60,000 per month with an aggravated punishment of KRW 150,000 or KRW 600 per year for 36 months,000 or KRW 200 per year by deceiving them from each of the facts charged.”

[In relation to the above judgment, G, H and prosecutor appealed respectively, and the appellate court also convicted the plaintiffs of the part of the above judgment (Seoul High Court 2018No483), while G and H appealed appealed on October 25, 2018, but the appeal was dismissed on October 25, 2018, which became final and conclusive.

Supreme Court Decision 2018Do11903, hereinafter referred to as "the case").

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