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1. All of the lawsuits of this case shall be dismissed.
2. The costs of lawsuit shall be borne by the law firm head;
Reasons
1. Basic facts
A. The status of the parties is the actual representative of AA Co., Ltd. (hereinafter referred to as “A”), which operates investment advisory business, etc., Defendant AA is the incidental list of the Defendant AA. Defendant X is the internal director and the head of marketing headquarters, Defendant X is the representative of AA, and Defendant Z is the representative of AB, which is an individual company managing the investment funds of AA.
The plaintiffs are those asserting that they made an investment in AA.
B. In relation to the attraction of investment funds by AA, the Defendants were prosecuted for the violation of the Act on the AA of the AA of Specific Economic Crimes (Fraud), violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and violation of the Financial Investment Services and Capital Markets Act. On April 4, 2016, the court rendered a judgment that convicted the Defendants of each of the above criminal facts (Provided, That the Defendants, other than Defendant V, did not recognize the habitualness of fraud), Defendant V sentenced Defendant V’s imprisonment with labor for 13 years, 7 years, Defendant X and W, Y, and Z to 4 years, respectively, and the Defendants jointly paid compensation order to 2,466 persons who were applied for compensation to 115,146,50,000 won in total.
[Seoul Central District Court 2015Gohap974, 995, 1010 (Joint), 1021 (Joint), 2015 Seocho3080, 2016 Seocho721, 856] The Defendants and the Prosecutor appealed against the judgment of the first instance court.
On September 22, 2016, the appellate court affirmed the same conclusion as the first instance court with respect to major criminal facts, but different judgments on some of the contents, and judged otherwise, the appellate court rendered a not-guilty verdict on the part of the Defendants of the violation of the Act on the Regulation of Conducting Unauthorized Receipt of Goods (from April 22, 2015 to August 24, 2015) during a part of the period (from August 22, 2015). Defendant V, as well as the rest of the Defendants, acquitted them of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).