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(영문) 서울중앙지방법원 2020.05.21 2017가합576527
손해배상(기)
Text

1. All of the instant lawsuits are dismissed.

2. Litigation costs shall be borne by A;

Reasons

1. Basic facts

A. The Defendants were indicted at the Seoul Central District Court on suspicion that they committed a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., as executive officers of H Co., Ltd. (hereinafter “H”) or representatives of “I,” a manager of investment funds of the said company.

Seoul Central District Court [2015 Gohap974, 995 (Joint), 1010 (Joint), 1021 (Joint)] b.

On April 4, 2016, the above court found Defendant C guilty of the following criminal facts and sentenced Defendant C to imprisonment with prison labor for 13 years, etc. and ordered the Defendants to pay the money by deception to the applicant for compensation who is the victim.

Defendant C is the real representative of H, the intra-company director and marketing director of Defendant E, the nominal representative director of Defendant F, the Defendant D’s incidental table, and the Defendant G is a private business entity managing H’s investment funds. A.

Around March 2015, the Defendants, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) received money totaling KRW 138,031,00,000 from 2,93 from the victim, by falsely stating that “If the Defendants are in charge of investing in H, the said money shall be invested in overseas futures, thereby guaranteeing the principal after three months, and guaranteeing investment returns equivalent to approximately 2.5% per month.”

B. In the event that any person violating the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report pursuant to the Act and subordinate statutes does not constitute an act of receiving money under the pretext of a deposit, installment savings, installment savings, deposit, etc. in the future by promising to pay the principal amount or an amount in excess thereof in the future.

The above law was violated upon receiving money from investors, such as the foregoing.

(c) No investment advisory business entity or discretionary investment business entity that violates the Financial Investment Services and Capital Markets Act shall take custody or deposit of money from investors;

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