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1. The Plaintiff:
A. Defendant B, C, D, E, and F respectively amounting to KRW 50,000,000 on August 15, 2008 to October 26, 2013.
Reasons
1. Facts of recognition;
A. Defendant B, C, D, E, and F were convicted of committing the crime in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “the instant fraud”), as follows, and the judgment became final and conclusive. Defendant G, H, and I received each summary order as the criminal facts violating the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “the instant crime of fund-raising business”), and the summary order became final and conclusive.
【Criminal Facts】
From February 208, Defendant B took charge of attracting investors as the chief executive officer of the JJ (hereinafter “J”) from around February 2008, Defendant B took charge of the entire business of the said company as an operator of the KFFFF business partnership (hereinafter “K”) from June 2008.
Defendant D, from May 2008, was in charge of fund operation as a director of K from May 2008.
Defendant C was in charge of fund management as the representative director of K. K.
Defendant E was in charge of attracting investors from February 2008 to J and from June 2008 to K K’s head of K.
Defendant F was in charge of K’s fund management from June 2008.
Defendant G, H, and I, together with the above Defendants, played a role in soliciting investors as K’s employees from August 9, 2008 to August 15, 2008.
1. Defendant B, D, C, E, and F did not own any property owned by each of the above companies, and their profitability is not remarkable, and each of the above companies’ allowances payment structure is in the form of spending most of the funds received from the lower investors in return for investments, such as profit dividends, various allowances, etc., and it is impossible to realize considerable profits within a short time due to the lack of assets or profit-making enterprises to pay high-amount dividends to the lower investors, and the amount of allowances to be paid to investors would fall short of the amount of allowances to be paid to investors unless the investor’s unlimited expansion is made. In such a case, the company’s sales decrease and payment of allowances would eventually be suspended.