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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts F, G, etc. conspired with each other and made an investment to a large number of victims by providing them with recruitment guidelines working at H, etc. established by F from October 2007, that “If H, etc. pays 4,400,000 won per unit under the pretext of purchasing medical devices (such as marine, etc.) sold by H, etc. and investment expenses, H, etc., it shall provide an average of 35,000 won per week after one week as of the payment per unit based on the earnings generated from apartment project, hotel project, high- iron business, and Kim I Development project, etc., which were leased, installed, or invested by H, etc. at the relevant business establishment, etc., or invested by H, etc., as of the payment per unit per day (excluding weekend and holidays) and explaining the profits equivalent to 5,810,000 won per eight months (35,000 won x 166 days).”
However, even if F and G et al. received KRW 4,400,00 per unit from the victims for the purpose of investment in the rental business of medical devices, they did not have any possibility for the victims to lease or install the products corresponding to the total number of products purchased by the victims, and there is little rent-making profit. Moreover, it is unclear whether the success of H et al. in the business invested by H et al. is likely to occur in the future. As such, it is difficult for subordinate investors to pay the dividend agreed upon to the senior investors with the investment deposit, and therefore, it is well known that the lower investors would not pay the dividend to the victims, so even if they received KRW 4,400,000 per unit from the victims, they did not have any intent or ability to continue to pay the dividend amount of KRW 35,00 per day.
After that, on October 2008, F started investigation into the suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. to the Haman, and the F escaped from the sea to the China by getting a boat on the sea and getting a boat on the high seas, and G runs away.