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(영문) 의정부지방법원 고양지원 2018.11.30 2018가단8395
대여금
Text

1. The Defendant (Appointed) and the appointed parties shall jointly and severally serve as KRW 200,000,000 on the Plaintiff and the appointed parties thereof.

Reasons

In fact, the crime of defraudation C was the customer of the skin management room operated by the Defendant (Appointed Party) (hereinafter “Defendant B”), and, around February 2014, the Defendant B deceivingd the Defendant B to the effect that “it would be able to gain a big profit by lending money to the business operators who want to avoid the Indian corporate or delinquent penalty tax, because it does not have the substance or ability to repay the business.”

Accordingly, Defendant B recommended the designated parties (hereinafter “Defendant D”) to make an investment in C, and the Defendants had induced a large amount of investment from many victims who became aware of through the church until March 2017 and paid it to C.

Ultimately, C was convicted of a total of KRW 15,138,146,00 from February 2, 2014 to March 2017, and was sentenced to seven years of imprisonment at the Seoul High Court on August 8, 2018, and the above judgment became final and conclusive on August 17, 2018.

Meanwhile, the victims who invested in C through the Defendants filed a complaint against the Defendants under the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but it was decided by the prosecutor of the Seoul Northern District Prosecutors' Office on January 25, 2018.

The Plaintiff’s monetary payment and the Plaintiff’s loan certificate prepared by the Defendants became aware of the Defendants through E in the relationship of affinity, and as well as E, he was given the Defendants an explanation of the business run by C, and was recommended to make an investment.

Accordingly, on January 6, 2017, the Plaintiff remitted KRW 210,000,000 to E, including KRW 190,000,000 on January 18, 2017, and KRW 20,000,000 on January 18, 2017, and E remitted KRW 200,000 to Defendant B on January 18, 2017.

On February 18, 2017, the Plaintiff remitted to E the sum of KRW 140,00,000,000 on February 20, 2017, and KRW 140,000,000 on February 21, 2017, and KRW 140,000,000 on February 21, 2017, and E, upon receiving each of the above amounts from the Plaintiff, remitted the same amount to the account in the name of F (Co., Defendant D).

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