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(영문) 수원지방법원 2019.11.28 2019가단509737
부당이득금
Text

1. Defendant B’s KRW 50,200,783 as well as the Plaintiff’s annual rate from November 1, 2019 to November 28, 2019.

Reasons

Facts of recognition

Defendant B is the mother of G, and Defendant C, D, and E are the children of G.

Around July 2012, G and H established “I”, a disguised domestic and foreign financial investment instruments transaction website as if they invested in foreign currencies, precious metals, natural gas, crude oil, domestic gifts, domestic gifts, and domestic stocks, etc., in collusion with a transaction that is linked with the real-time market price of stocks, and operated each of the instant website by means of acquiring the difference between the sum of deposits and the profits from the said site’s deposits without purchasing the actual stocks, futures, etc., and by obtaining the difference between the sum of deposits and the profits from the said site’s deposits, as if they were investing in foreign currencies, precious metals, energy, overseas index, agricultural products, domestic gifts, domestic gifts, and domestic stocks.

(hereinafter “instant fraud”). During that process, G, as a general manager, has overall control over the operation of each site of this case in Thai Asia, including Thailand, and H has been in charge of pre-inspection of stocks and futures investment services, the basic design of sites and services for stock and futures trading, the development of HTS (HTS) program, or the production manuals for overall customer management, actual transaction-related inquiries, response to customer claims against high-income member restrictions, etc., the implementation of a test for inspecting program errors, analysis of trading methods and opinions of members subject to restrictions on contract acceptance, and the last response to the customer of paragraph.

The plaintiff is accused of normal investment in I to join the above site as a member, and the total amount of KRW 73,160,400 is deposited as a deposit, and the total amount of KRW 22,959,617 is paid.

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