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1. The defendant,
A. As from July 21, 2017, Plaintiff A’s KRW 33,950,000 and its related thereto:
B. Plaintiff B: 25,200,000 won.
Reasons
1. Basic facts
(a) No one shall engage in any fund-raising business without obtaining authorization, permission, registration, report, etc. under Acts and subordinate statutes and without making an agreement to pay the whole amount of principal or any amount in excess thereof to many and unspecified persons for the future and without receiving investments;
Nevertheless, on January 3, 2016, the Defendant: (a) knew of the fact that Nonparty H offers investment funds; (b) invested KRW 20,000,000 on January 30, 2016; and (c) conspired with Nonparty H for an act of receiving money similar to that of Nonparty H, such as identifying investors if it is necessary for Nonparty H to do so; and (d) introducing investors first.
On February 26, 2016, the Defendant offered to Plaintiff D, who had worked as the affiliated company located in the Mine-si, Pakistan, that “I would make profits from withstanding that I would with good profit. It would be able to obtain high profit (or KRW 250,000 per 10,000 or KRW 300,000 per 15,000 or KRW 300,000 per 10,000) from a private person’s friendship, and received money from the Plaintiffs in the same manner as indicated in the attached list, and received money from the Plaintiffs as shown in the attached list.
(hereinafter “instant tort”. The sum of the investment funds Plaintiff A 50,000,000, Plaintiff D 50,000,000 won, Plaintiff B 122,000,000 won, Plaintiff C 30,000,000 won, Plaintiff F65,000,000 won, paid to the Defendant is as listed in the following table:
B. Accordingly, in collusion with Nonparty H, the Defendant agreed to pay the total amount of investment or an amount exceeding it in the future without obtaining authorization or permission, or making registration or report under the law, and engaged in the business of receiving the investment from many unspecified persons.
The Defendant was prosecuted for facts constituting the instant tort, including the instant tort, and at the first instance general military court on May 1, 2018.