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(영문) 대구지방법원 2020.05.07 2019가단590
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On January 25, 2018, Defendant B was sentenced to the following criminal facts; Defendant B was sentenced to the suspended sentence for August 25, 2018; Defendant C was sentenced to the suspended sentence for six months; Defendant C was sentenced to the suspended sentence for two years; Defendant D was sentenced to the suspended sentence for four months.

(The court's 2017 Highest 6026, hereinafter referred to as "relevant criminal judgment"). The judgment became final and conclusive around that time.

Defendant

B operated the Seoul Center for Receiving the same kind of money without permission. Defendant C operated the H Center in Daegu-gu F Building G as a subordinate business operator of Defendant B, and Defendant D, as a subordinate business operator of Defendant C, planned to perform an act of receiving money without permission from many unspecified persons while working at the H Center.

No one shall make a promise to pay the total amount of investments or the amount in excess thereof to many and unspecified persons in the future without obtaining authorization, permission, registration, report, etc. under Acts and subordinate statutes, and receive the investments without any delay.

Nevertheless, around January 2015, the Defendants made an investment in the form of shares in the Chinese Culture and Arts Property Exchange, which is a government-invested institution invested by the Chinese Government, at the above H Center, 32 times as the shares increase twice every month for five months. The 15% of the shares shall be deducted from the fee, and 20% of the remaining amount shall be used in the operation of shopping mall, 20% shall be re-invested, and 60% shall be paid in cyber money. It shall be a clear investment guaranteed by the Chinese Government. The 13 million won shall be transferred to the Korean bank account under the name of J, etc. from that time to that year.

6. Until January 1, 200, the total amount of KRW 130,000,000 was received from 9 persons in total as shown in the annexed list of crimes.

B. The Plaintiff, due to the Defendants’ act of receiving the same amount, is KRW 39 million in total to Defendant C’s account, KRW 13 million on April 6, 2015, ② KRW 13 million on May 21, 2015, and KRW 13 million on June 1, 2015, and collectively, “the instant investment amount.”

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