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Reasons
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(영문) 서울고등법원 2012.03.29 2011나43336
추심금
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1. Of the judgment of the first instance court, regarding Defendant M, the Plaintiffs’ amounting to 68,542,097 won and December 22, 2010 to March 29, 2012.

Reasons

1. Facts of recognition;

A. From March 30, 2007 to June 2, 2008, R, the First Lieutenant of the Army, entered into an agreement with an unspecified number of investors from March 30, 2007 to 821, stating that “it shall receive investment funds, but shall guarantee the principal of the investment, and shall pay 50% or more of the principal within three months,” and received KRW 40,093,444,989 from the said investors in total over 1,449.

R has paid the proceeds from the investment from some other investors only, and has not returned the principal of the investment to the remaining 800 investors.

B. R as a result of the criminal trial on R is above A.

Upon entering into an agreement such as the provision of paragraph (1), the court was convicted of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Regulation on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes") and was detained on September 23, 2008, and was sentenced to a conviction of 12 years of imprisonment at the court of first instance on February 27, 2009, and the appeal was dismissed on June 23, 2009, and

[The High Court for Armed Forces 208No226, 2008No227, Supreme Court for Armed Forces 2009Do2694]. (c)

The Defendants and R have remitted the sum of KRW 100,000,000 to R three times from October 24, 2007 to November 5, 2007, Defendant H received total of KRW 214,626,548 on 14 occasions from R from November 9, 2007 to April 4, 2008, and again remitted KRW 50,000 to R on 7 May 2008.

Therefore, the money that Defendant H received to transfer to the principal of the investment amount is KRW 64,626,548.

(2) Defendant J transferred to R a total of KRW 60,00,000 on February 5, 2008 and February 11, 2008, to R, but received KRW 112,90,000,000 on seven occasions from March 10, 2008 to May 23, 2008.

Therefore, Defendant J received money from the principal of the investment amount more than the principal amount of the investment amount of KRW 52,90,000.

(3) Defendant K extends four times from August 31, 2007 to November 20, 2007 to R.

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