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(영문) 서울중앙지방법원 2019.02.19 2017가단5142274
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C-related fraud and multi-level similar organizations 1) D are Co., Ltd. (hereinafter “C”).

) Joint operators, vice-presidents, and E Co., Ltd. (hereinafter referred to as “E”).

And the term "F" together with C and E.

G is the representative director of C and is the joint operator and the representative director of C. D and G in collusion with other unspecified persons to recruit the sales clerks of the said company, and to form a multi-level similar organization that is successively linked to D and G from April 201 to January 2017, in collusion with the head office and branch office of C and the branch office of Korea, from April 201 to January 201, to pay money to unspecified persons as KRW 11 million for the purpose of investing in C’s game installation business, it purchased the game machine with money and established it in the Section of C and paid KRW 150,000 to KRW 10,000 or KRW 60,000 per month as profits for 36 months, and paid KRW 10,000 or KRW 20,000 per year as profits for 36 months.

3) However, the fact is that the money used for the purchase of a game machine among the total investments received by the said company was limited to about KRW 700 million. The investment attraction allowance at a high rate of KRW 11 million has continued to be received in the financial multi-level manner that pays a sales organization at the time of attracting investment and has been operated in the so-called return system that pays senior investors profits with subordinated investments. There was no fact that D and G paid profits to investors with the profits accrued from the above profit-making business. 4) The crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was committed on January 20, 2017, which included the above contents.

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