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(영문) 대전지방법원 2018.06.12 2017가단23384
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff 66.9 million won, and 5% per annum from September 28, 2016 to June 12, 2018.

Reasons

1. Facts of recognition;

A. On August 9, 2017, the Defendants were convicted of criminal facts under the following criminal facts at the Daejeon District Court (Defendant B: three years of imprisonment, Defendant C’s imprisonment with prison labor for August, 201, and two years of suspended execution). Defendant B appealed and was sentenced to imprisonment with prison labor (two years and six months of imprisonment), and Defendant C did not appeal and became final and conclusive as it is.

Defendant B asked Defendant C, who had been working for the E company, to help the victims, such as the Plaintiff, D, etc. before December 3, 2015. Defendant C responded to the recovery of the amount it invested to Defendant B, while benefiting from investment in the E company and deceiving 169.1 million won.

Defendant B, via D around December 2015, stated that “The Plaintiff would make a false investment as follows: “The E company located in Daejeon would be unlisted stocks to raise funds. The money is necessary to dispose of the shares. The investment in E company would make a high profit including the principal, and make an investment after the month.”

However, in fact, Defendant B was thought to use the money received from the Plaintiff as entertainment expenses and living expenses, and there was no intention or ability to invest in the E company, and there was no intention or ability to pay the principal and agreed profits after the month.

Defendant B, as such, by deceiving the Plaintiff as such, received 40 million won through the above D on January 6, 2016, under the pretext of investment in E company from the Plaintiff, and acquired 70 million won through the total six times from around that time to June 3, 2016.

As seen above, Defendant C, even though he knew that B had induced the Plaintiff and received money for the purpose of investment, had the Plaintiff invested in E company with the knowledge that B had invested the Plaintiff’s investment, was prepared a share transfer agreement and delivered it to the Plaintiff via D on December 3, 2015, and on April 26, 2016, the said E company.

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