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1. The Defendant: (a) 242,286,777 won to Plaintiff A; (b) 76,96,940 won to Plaintiff B; (c) 28,741,542 won to Plaintiff C; and (d) 115.
Reasons
1. Facts of recognition;
A. F is a company established for the purpose of engaging in an act of fund-raising without obtaining authorization or filing a registration or filing a report in accordance with the laws and regulations, and, through a fund-raising source organized in the form of a braille, the FXE transaction, which is a kind of futures trading of foreign exchange derivatives, misrepresented to a specialized financial institution, thereby receiving funds from investors by promising investors to guarantee the principal and high yield of investment deposits, and to pay a certain dividend.
B. The Defendant, while carrying out the F as a domestic top-tier investor in Korea, through the F, provided that “F shall obtain authorization for FDM (F membership, international currency exchange) from a specialized securities company specializing in FX-related transactions, which has a branch office in Singapore, and is also H’s subsidiary affiliated company in Thailand. F shall also be an affiliated company in Thailand. The F shall receive investment from its members and create high profits by doing the FX-related transactions. The Defendant, as a domestic top-tier member having close relation with F head office, may directly deposit the FF head office to FF head office if the F head office is paid to FF head office, and may receive a fixed dividend of 3 to 8% per month and the principal amount as is guaranteed after 18 months.”
However, F did not have the FDM qualifications required for the FXM transaction, and it was not authorized for the banking business, etc. that can guarantee the principal and receive investment funds.
In addition, F did not have a branch office in the Republic of Korea, and it was found that there was no overseas remittance of the investment funds delivered from the fund raiser and the source of the dividend delivered to the investors.
C. A corporation I (hereinafter “I”) is a corporation established for the purpose of electronic commerce settlement agency business, etc., which acts as an agent for remittance to a foreign country in Korea.