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(영문) 수원지방법원 2017.08.31 2015가단51186
투자금반환
Text

1. The Defendant paid KRW 35,768,425 to the Plaintiff KRW 5% per annum from January 28, 2016 to August 31, 2017.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company established for the purpose of multi-level marketing, such as a sports device, etc., and D is a person who actually operated C, and the Defendant, from January 15, 2014, operated the F&C agency in Suwon-si E.

B. Upon soliciting investment from the Defendant, the Plaintiff concluded a sports equipment sales contract and a siren consignment contract with C, and paid KRW 74,40,000,000 as the purchase price of the sports equipment (three mobile vibrations) on October 26, 2014; and KRW 30,00,000 on January 5, 2015; and KRW 18,00,000,000 on March 23, 2015.

After that, the Plaintiff received commission fees of KRW 11,353,00 from C, and the sum of KRW 23,302,250,00 in total, 11,949,250.

C. On May 15, 2017, the Defendant was indicted for committing a crime of aiding and abetting in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission by Suwon District Court 2016 High Court. On May 15, 2017, the said court rendered a judgment that the Defendant shall be punished by imprisonment for six months and two years of probation.

The defendant filed an appeal with the Suwon District Court 2017No3591 against the above judgment and continues the appellate trial.

The above facts constituting the crime are examined by the plaintiff.

The purchase price of sports equipment stated in the subsection is included in the total amount of damage.

No one shall receive any investment money without obtaining authorization or permission under Acts and subordinate statutes from an unspecified number of persons without making an agreement to pay the total amount of investment or an amount in excess thereof in the future.

Nevertheless, D(one name G) etc., in collusion, established a corporation for the purpose of selling sound and vibration exercise equipment and recruiting chain stores on May 7, 2013, and without obtaining authorization or permission under laws and regulations from June 3, 2013 to June 2, 2015, 86 total markets and 401 agencies are installed in Seoul, Gyeonggi-do, Busan-do, Gyeongnam-do, Ulsan-do, etc. to unspecified persons;

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