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(영문) 서울중앙지방법원 2019.03.21 2018가합561454
손해배상(기)
Text

1. The defendant is either the money indicated in the separate sheet No. 1 within the scope of recognition for the plaintiff (appointed party) and the appointed party.

Reasons

1. Facts of recognition;

A. The defendant is a corporation whose purpose is to mediate and sell financial products.

Around 2015, the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as the “Plaintiffs”) entered into a contract with the Defendant to invest each amount listed in the column for the claim amount listed in the attached Table 1 (hereinafter referred to as the “instant investment contract”) and pay the Defendant each of the above amounts.

B. The content of the instant investment contract presented by the Defendant to the Plaintiffs was that “after the Defendant purchased stocks of a non-listed company and sold them to investors at a price higher than the purchase price, the Defendant would sell the stocks to institutional investors, etc. in a block with the return of profit-making time agreed to continue to manage the stocks for the investors, or pay the remaining investment amount after deducting 20% of the management fees from the total investment amount after creating a private investment association or an undisclosed investment association, etc., which was made under the pretext of an investment in a specific item of investment, and then collecting the investment money, and then making an investment money at the time of profit-making.”

C. The Plaintiffs received the aforementioned explanation from the Defendant, and concluded the instant investment contract, and the investment issues and amount by each Plaintiff are as shown in attached Table 1’s investment issues and claim amount column.

The defendant's representative director and executive officers and employees AJ, AK, AL, AM, AO, AP, AP, and Q are as follows; a violation of the Financial Investment Services and Capital Markets Act; a violation of the Financial Investment Services and Capital Markets Act; and a violation of the Act on the Regulation of Unauthorized Receipt of Securities and Capital Markets Act; and the defendant was indicted for a violation of the Financial Investment Services and Capital Markets Act (Seoul Southern District Court Decision 2015Da4570, 4664, 4927 (Merger), 5342 (Merger))). The above court was punished by imprisonment for eight years against AJ on December 3, 2018; imprisonment for three years for AK; imprisonment for two years for Q; imprisonment for one year and six months; and fine for the defendant for a violation of the Financial Investment Services and Capital Markets Act.

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