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1. The Defendant: KRW 9,200,000 to the Plaintiff (Appointed Party); KRW 9,00,000 to the Selection C; KRW 23,100,00 to the Selection; and KRW 23,10,00 to the Selection.
Reasons
1. Facts of recognition;
A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) entered into each investment contract with the Defendant, and if the Plaintiff, etc. invested in the Defendant’s overseas business, such as the Defendant’s E-X M&E brokerage business, etc., the Defendant would pay the Plaintiff, etc. a 1-2% profit per month and return the principal of the investment after one year of the investment period. The Defendant entered into each investment contract as follows, and paid the investment amount to the Defendant:
A CD EF
B. A criminal case against the Defendant was detained on September 6, 2016, and the Defendant was prosecuted on September 21, 2016 (Seoul Central District Court 2016Gohap932), and on February 3, 2017, the Defendant was sentenced to 12 years of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). (2) The Defendant appealed (Seoul High Court 2017No595) and partly replaced the list of the victims at the appellate court, but was partially replaced, it was sentenced to 15 years of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in relation to the fraud, etc. (Supreme Court 2017No595).
In fact, the Defendant does not have any assets or profit-making business that the Defendant promoted from a foreign corporation until September 2, 2016 to pay high-rate profits to the lender or investors, and there is no possibility of realizing considerable profits within a short period due to lack of success possibility. Moreover, the Defendant used the total amount of KRW 484.3 billion to repay the principal and interest (profit) of the lender or investors by “the repayment of funds” after December 201, and used it to pay a total of KRW 256.2 billion to the lender or investors for the payment of the fees for multi-level business recruitments.