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(영문) 서울중앙지방법원 2017.01.13 2016가단45760
대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 132,70,000 and the interest rate of KRW 15% per annum from December 17, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant promised to pay 20 to 50% of the proceeds in return for the promise to receive investment money from C on May 31, 2013 and to make an investment in futures trading after receiving 25 million won from D on June 9, 2013 and 25 million won in total from D on June 9, 2013 to make an investment in futures trading in a stable manner by raising high-income from school athletes with trust knowledge of the Defendant’s educational background and experience, such as graduates from the prestigious business department, foreign banks, and reporters of the Lter economy department.

B. On August 2013, the Defendant reported a significant loss of principal due to futures trading investment, and paid profits by continuously receiving investments from a large number of victims and preventing them from returning, and a plan to obtain personal profits under the pretext of fees, etc., the Defendant stated that “In the event of the receipt of investments, an elementary school, a single-affiliated Plaintiff, an elementary school, has been investing only in futures trading according to the investment method known to him, and is raising high profits while maintaining a stable principal. At the same time, the Defendant made an investment in the same manner and would pay 24% of its profits to the Defendant, and the Plaintiff paid the Defendant KRW 10 million on September 17, 2013 and January 13, 2014, respectively.

C. From October 1, 2013 to December 31, 2013, the Plaintiff received KRW 8,80,000,000,000 from the Defendant four times every additional amount of KRW 4 million from January 29, 2014 to August 29, 2014; KRW 32,00,000,000 on eight occasions each; and KRW 67,30,000,000 (= KRW 8,880,00,000) on eight occasions, from January 1, 2014 to August 29, 2014.

As above, the defendant was prosecuted for committing the crime that he acquired 200 million won by deceiving the plaintiff as investment money, and the Seoul Central District Court (2015 Gohap501) is guilty of all the above criminal facts on May 26, 2016.

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