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1. The defendant's appeal is dismissed.
2. At the request of the plaintiff added at the trial court, the defendant shall be jointly and severally with C.
Reasons
1. Basic facts
A. The Defendant is the head of a branch office of “F”, which is a branch office of Yeongdeungpo-gu Seoul Metropolitan Government D Building and E established for the purpose of electronic commercial transactions in the 23th floor.
B. On January 20, 2016, the Defendant made a false statement to the Plaintiff at the office of the above “F” branch stating that “I would raise a large amount of foreign business, such as E’s FX M&C brokerage business, in which C is the representative. If I make an investment of 10 million won or more in the business, I would make an investment in the profit-making business, such as foreign exchange margin trading business, and pay 2% of the monthly investment amount with its dividend.”
However, in fact, C does not have assets or profit-making businesses to pay high-rate earnings to the victims, and there was no possibility of realizing considerable profits within a short period due to lack of success possibility, and there was no possibility of realizing the investment funds of investors in the following methods: (a) around February 2008, G Co., Ltd.; (b) around October 2014; and (c) around September 201, after establishing a foreign corporation from around September 201 to conducting an overseas business, such as FX M& brokerage business; and (d) from many investors including the Plaintiff, the Plaintiff used the funds for the purpose of investment in the overseas business operated by FX M& brokerage business, such as FX M& brokerage business; and (c) even after receiving the funds for the purpose of investment in the overseas business operated by the FX M& brokerage business from September 2, 2016, it did not have the ability to use the funds for the purpose of profit-making or repayment of the principal and profit-making (the principal and ability to repay).
C. As the head of the above “F” branch, the Defendant did not verify whether C properly invests investors in the FX M& brokerage business, etc., and how much the proceeds from the FX M& brokerage business, etc., and the fact that C is an investment in an overseas business, such as the FX M& brokerage business.