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1. The Defendants jointly share KRW 238,979,845 with respect to the Plaintiff and KRW 5% per annum from September 9, 2016 to December 10, 2019.
Reasons
1. Basic facts
A. From March 30, 2015, the Defendants decided to recruit investment money under the pretext of overseas futures trading business, etc., Defendant C, as the representative director of the F Co., Ltd. (hereinafter “instant company”); Defendant B, as a planning director of the company; Defendant B, as a management director of the company; Defendant D, as a director of the company; Defendant D, as a management director of the company; and Defendant E, as a director of the company, to take charge of the recruitment of investors together with G, etc.
B. The Defendants explained to investors that “the instant company employs a professional engineer and has made a stable amount of profits through overseas futures trading business (FX trading). When investing in the instant futures trading business, it guarantees the principal of investment, pays the monthly income of 3 to 5% per month with the period of investment agreement fixed at six months, and, if the termination is requested even prior to the completion of the period of investment agreement, it shall return the remaining amount excluding the profits.” As from March 30, 2015, the Defendants solicited investment money from March 30, 2015.
C. The Plaintiff heard the foregoing talks from Defendant C, etc., and remitted 295 million won (20 million won, October 12, 2015, 2015, KRW 15 million, KRW 105 million, KRW 15 million, and KRW 5 million on December 10, 2015, KRW 5 million, and KRW 5 million on March 9, 2016, KRW 30 million and KRW 35 million on April 12, 2016, KRW 205 million on July 20, 2016, and KRW 90 million on September 10, 2016) to the instant company as investments.
However, the instant company did not actually engage in foreign futures trading business and did not have prepared a basic business plan.
E. As above, the Defendants committed an act of fund-raising with approximately KRW 7 billion without obtaining authorization, permission, registration, report, etc. under the Act, and Defendant C and B received the investment money from the victims without the intent to pay the proceeds through the same method.