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(영문) 창원지방법원 2018.04.18 2017가단6781
손해배상(기)
Text

1. Defendant B, D, E, and F are jointly and severally liable to the Plaintiff (Appointed Party) for KRW 42,000,000, KRW 36,000,000 to the Appointed Party H.

Reasons

1. Facts of recognition;

A. N Co., Ltd. (hereinafter “N”) is a company established for the purpose of electronic currency brokerage and service business, and Defendant B is the representative director, Defendant D’s auditor, Defendant E’s inside director, Defendant F’s largest class among multi-level marketing salespersonss.

B. Defendant B, D, E, and F conspired to establish a multi-level marketing organization, such as a regional center for the sale of virtual currency called O, and, if requested to exchange from the purchaser of theO, false statement to the effect that “If a N member opens and purchases O at the early date of the issuance, he/she may obtain enormous profits from the market price within a short time” without any intention or ability to exchange, he/she soldO to the Plaintiff and the selector and received the amount stated in the attached Table as the price in the attached sheet.

(Plaintiffs, in addition to his name, P, Q, in addition to his name, H, in the name of R, and in addition to his name, the Selection L was purchased respectively in the name of S other than his name; hereinafter the same shall apply).

After December 9, 2015, Defendant C, as the N head of N, was in charge of O development affairs, in collusion with Defendant B, etc., and sold O by deceiving the Plaintiff and the designated parties as above, and acquired the amount indicated in the attached Form (the part after December 9, 2015) as the price in the attached Form.

Defendant G, as the head of N’s ACE Center, sells anO that does not fall under goods or services in collusion with Defendant B, etc. using a multi-level marketing organization to the Plaintiff and the designated parties, and was paid the amount indicated in the attached Form.

E. Due to each of the above actions, Defendant B was indicted of violating the Act on Fraud and Door-to-Door Sales, Etc. and sentenced to imprisonment for six years; Defendant C was sentenced to imprisonment for one year and six months; Defendant D, E, and F were sentenced to three years of imprisonment (Seoul Central District Court 2016No4867); Defendant G was indicted for violating the Act on Door-to-Door Sales, Etc. and was sentenced to one year of imprisonment and two years of suspended execution.

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