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1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit shall be borne by W.
Reasons
1. Basic facts
A. The Defendants were indicted at the Seoul Central District Court on suspicion that they committed crimes, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), as executive officers of AD Co., Ltd. (hereinafter “AD”) or representatives of “AE”, a company managing investment funds of the said company.
(Seoul Central District Court 2015Gohap974, 995 (Joint), 1010 (Joint), and 1021 (Joint)). On April 4, 2016, the above court found DefendantY guilty of the following criminal facts: (a) sentenced DefendantY to 13 years of imprisonment; (b) sentenced Defendant AAA and Z to 7 years of imprisonment; (c) Defendant AB and AC; and (d) ordered compensation for damages to 2,466 victims.
Defendant Y is a real representative of AD; Defendant AA is a director and a marketing director; Defendant AB is a nominal representative director; Defendant Z is a unit list; Defendant AC is a private enterprise managing investment funds of AD. AE is a nominal representative.
Around March 2015, the Defendants of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the effect that “If they receive the investment money from AD, they will invest the money in foreign futures, guarantee the principal after three months, and guarantee the investment return equivalent to approximately 2.5% per month.”
However, the Defendants thought that most of the above investment funds were used for the purpose of using the "domination" to return investment funds to AF investors and AD senior investors who had been operated before AD.
The Defendants, as seen above, were remitted to KRW 138,031,00,000 in total from 2,993 victims, including deceiving the victims.
(b) Any person who violates the Act on the Regulation of Conducting Fund-Raising Business without obtaining authorization or permission, or making registration or report pursuant to the Act and subordinate statutes, is a business of raising funds from many and unspecified persons in the future.