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1. The Defendants jointly and severally against Plaintiff A, KRW 8.37 million to Plaintiff B, KRW 6.6 million to Plaintiff B, and KRW 19 million to Plaintiff C, and Plaintiff C.
Reasons
H and I was prosecuted by Seoul Central District Court 2016Kadan5292 and became final and conclusive on December 22, 2016, as stated in the attached Form (hereinafter referred to as the “Nonindicted Company”).
The Plaintiffs heard the business explanation of the non-party company and invested funds.
The defendants are the non-party company's intermediate investors.
[Attachment 2] The Defendants also acknowledged that part of the investment funds that the Plaintiffs remitted to the Defendants’ account is worth as their own allowance and that the remaining amount was remitted to the Nonparty Company.
In light of these circumstances, the defendants can be seen that they were higher business operators than the plaintiffs within the business structure of the non-party company or the multi-stage similar organization.
[B] According to the evidence No. 14, Defendant G also participated in the business explanation meeting of the non-party company held in Busan on November 13, 2015 with Plaintiff A and B. On the other hand, according to the conversation, Defendant G recommends not only the trade name of the non-party company, but at least once per week, at least once in the same time as the trade name of the non-party company. In light of the fact that Defendant G recommends the non-party company to attend at least once in the same time, it is reasonable to deem that Plaintiff A and B will go to the business explanation meeting after being solicited or induced by Defendant G to participate. In addition, if the Defendants showed that the amount of the plaintiffs' investment has been restricted, it is clear that all the plaintiffs participated in the multi-level similar organization of the non-party company.)
In this case, it is obvious that the Defendants invested funds in the business of the non-party company in their top-tier business, the Defendants either "direct participation" or "public offering" with regard to the act of acquiring investment funds, such as H and I, of the non-party company subject to criminal punishment.