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(영문) 서울중앙지방법원 2017.10.26 2017가합517429
손해배상(기)
Text

1. The defendant has to the plaintiffs the corresponding amount of money stated in the attached Table 2's "amount of discount" and its related amount from March 29, 2017.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is the representative director of B and C established for the purpose of investment brokerage business, etc. and that the defendant operates the personal enterprise under the trade name of “D” (hereinafter “B”), and the plaintiffs are investors in the defendant.

B. The Plaintiffs entered into an investment contract and the payment of investment money between the Plaintiffs and the Defendant (hereinafter “instant investment contract”) at the time of each date indicated in the “Date of Investment” column in attached Table 2, and the Plaintiffs, and the Defendant’s investment agreement with the effect that if the Plaintiffs invest funds in attached Table 2 operated by the Defendant, the Defendant would distribute profits accrued from its operation

After the conclusion of the contract, the Defendant paid each money indicated in the “investment amount” column of the attached Table 2 to the Defendant as investment deposit. (2) The employees, etc. of the sales organization run by the Defendant or the Defendant explain to the Plaintiffs that they may use the Plaintiffs’ investment deposit to various projects carried out by the Defendant, thereby paying high-rate profits to the Plaintiffs. However, some of the various projects carried out by the Defendant was operated entirely or extremely temporarily, and the Defendant used most of the Plaintiffs’ investment deposit for the purpose of preventing return of the principal of investment and the payment of profits to the existing investors.

C. The Defendant was charged with a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud, Fraud, and Unauthorized Receipt Act) by the Seoul Central District Court 2017Gohap40, and the court was on June 23, 2017.

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