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1. The Defendants jointly share the Plaintiff’s KRW 40,00,000, and KRW 60,000 to Plaintiff B, and each of the said money on August 2008.
Reasons
1. Facts of recognition;
A. The relationship 1) Parties E Co., Ltd. (hereinafter “instant company”).
A) On the corporate register, a company established for the purpose of real estate business, film production and supply business, etc., or an act of receiving funds from an unspecified number of investors by promising them to pay the full amount of investment or an amount in excess thereof without obtaining authorization or filing a registration report under statutes. The representative director of the instant company is F. 2) Defendant D used the instant company as a planning director of the Planning and Coordination Office from April 1, 2008 to October 15, 2008, and solicited the victims to make an auction, and Defendant C recruited investors while serving as a managing director of the instant company’s asset management business division from June 13, 2008 to September 208.
B. The Defendants and F, such as the Defendants’ fraud and the fund-raising act by Defendant C, explained to the victims that “The victims may receive a successful bid for the auction building.” As such, when making a payment of investment under the pretext of a loan, they may receive a refund of the principal after a few months’ interest and interest per month.”
However, the instant company could pay interest on a high rate agreed to pay each month to the investors only by taking the so-called “fluoring” method, which pays interest to senior investors from the investment funds received from subordinated investors due to the lack of profits. As long as a new investor is not induced, even if a new investor receives an investment in the name of a loan from the victims, it did not have the intent or ability to continue to pay the high rate interest agreed upon to the victims or to return the principal.
The method of delivering the temporary amount invested by the Plaintiff 1 A A on July 28, 2008 - KRW 40 million delivered in cash to F on July 30, 2008 - KRW 30 million on August 13, 2008 - KRW 20 million on August 13, 2008 - KRW 30 million on October 13, 2008.