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(영문) 서울중앙지방법원 2019.10.10 2019가합508986
손해배상(기)
Text

1. The Defendant falls under each of the “total” column in the attached Form 9 of the Plaintiff (Appointed Party) and the appointed parties.

Reasons

1. Facts of recognition;

A. From September 201, the Defendant recruited investors through crowdfunding, and recruited investment funds from many investors including the Plaintiff (Appointed Parties) and the designated parties (hereinafter collectively referred to as “Plaintiffs”) by providing that “When an investor purchases unlisted stocks and sells stocks to investors, and the agreed profit realization time comes when the agreed profit realization period comes, the Defendant would sell the stocks to the institutional investor.” However, the Defendant raised investment funds from multiple investors including the Plaintiff (Appointed Parties) and the designated parties (hereinafter referred to as “Plaintiffs”) by providing that “When an investment fund or an undisclosed investment association is organized under the pretext of specific investment issues and the management remuneration is deducted by 20% of the investment, the investment funds would be made at the time of profit realization.”

B. The Plaintiffs concluded each investment contract after hearing the aforementioned explanation from the Defendant, and the investment issues and amount by each Plaintiff are as shown in the attached Table 9 of investment amount.

C. Defendant representative director J, Defendant K, K, L, M, N,O, P, and Q (hereinafter referred to as “Defendant employees”) were indicted on each of the charges of fraud, violation of the Financial Investment Services and Capital Markets Act, and violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (Seoul Southern District Court Decision 2015Da4570, 4664, 4927 (combined), 5342 (Joint), 5342)). The Seoul Southern District Court sentenced Defendant J on December 3, 2018, the Seoul Southern District Court sentenced Defendant 8 years of imprisonment with prison labor, three years of L, M, N,O, and P for each of the two years of imprisonment with prison labor, two years of imprisonment with prison labor for Q, one year and six months, and two million won for Q and one year and six months for each of the Defendant.

Defendant employees in violation of the Financial Investment Services and Capital Markets Act: (a) purchase of stocks by unlisted companies; (b) sale to investors; or (c) investment by unlisted companies on the ground of private investment associations or undisclosed investment associations.

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