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1. The Defendant (Appointed Party) and the Appointors shall jointly:
A. 2,1120,000 won and its corresponding to the Plaintiff (Appointed Party).
Reasons
1. The Defendants were indicted for committing the crime of fraud against the Defendant and his designated parties (hereinafter “Defendants”) on the following grounds, and were convicted by this court of conviction:
[Plaintiff-Appellant 2015 Highest 1888 (Defendant, Appointor F, G), and this Court 2016 Highest 1606 (Appointedr H) of this Court. From December 24, 2012 to December 24, 2012, even if the Defendants received investments from the Plaintiff and Appointor, they could not make profits from sales within a short period by using investment funds. The Defendants were bound to pay dividends in the way of paying the principal and interest to existing investors in succession within a short period by using the investment funds held by subordinated investors, and eventually, they did not have any intent or ability to pay the agreed high-rate profits to investors, such as it is anticipated that the payment of dividends from the agreed high-rate investors would not be made continuously if a new investor is not invited.
Nevertheless, the Defendants made a false statement that they would pay severe activity expenses and performance money to the Plaintiff and the designated parties by jointly purchasing the money invested.
The Defendants, as above, by deceiving the Plaintiff and the designated parties and deceiving them, received from the Plaintiff and the designated parties each KRW 2,1120,000 (Plaintiff), KRW 620,000 (Appointed E), KRW 1,8122,00 (Appointed C), and KRW 1120,00 (Appointed D) for the purpose of making investments.
The defendants appealed against the above judgment and are currently pending in the appellate court trial.
(this Court 2016No329, 1878). [Grounds for recognition] Gap 12, 14, the purport of the whole pleadings
2. Determination
A. The Defendants’ liability for damages, even if they received money from the Plaintiff and the designated parties as investment money, can be recognized that they deceiving the Plaintiff and the designated parties without intent or ability to pay the principal and interest of the investment, and acquired money from the Plaintiff and the designated parties.
Therefore, the Defendants are therefore.