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(영문) 대구지방법원 2018.07.26 2016가합204985
투자금반환 등 청구의 소
Text

1. Defendant A, B, C, D, and E are jointly listed on the Plaintiffs.

Reasons

1. Facts of recognition;

A. In promising to pay the proceeds of principal and high rate, Defendant A planned to conduct the business in such a way as to invite investments from individual investors and return the principal and proceeds of the agreement to the new investors with the investments received from the existing investors. On February 27, 2015, Defendant D, June 10, 2015, Defendant E, June 24, 2015, and Defendant C and July 6, 2015, Defendant B were established in order.

(hereinafter referred to as “Defendant Companies”). (b) The above Companies are collectively referred to.

The defendant A, as a substantial operator of the defendant A, has overall control over all the affairs of attracting and managing investment funds, discovering and examining investment sources, and the defendant B, as an investment counsel and investment fund-raising business, and the defendant C, E, and D, play a role in receiving investment funds.

C. The Plaintiffs, upon receiving Defendant A, etc.’s recommendation to make an investment in the recommended investment issues, remitted direct investment funds to Defendant C, D, and E’s account under the name of Defendant C, D, and E, or acquired the said claim by receiving the claim for investment funds (compensation) related to the instant case from the investors, or by subrogated to the investors, as indicated in the “investment amount” column in the attached Table.

(The details of acquisition of bonds by transfer and subrogation shall be as stated in the annexed Table "acquisition and subrogation".

1) Defendant A engaged in a financial investment business without obtaining authorization or permission from the Financial Services Commission, and engaged in an act of fund-raising business without obtaining authorization or permission under the Financial Investment Services and Capital Markets Act, and was prosecuted for violating the Financial Investment Services and Capital Markets Act, the Act on the Regulation on the Regulation of Conducting Fund-Raising Business without Permission, or fraud on the ground that he/she received investment money from investors by deceiving investors. In this regard, Defendant A was also prosecuted for violating the Financial Investment Services and Capital Markets Act and the Act on the Regulation of Conducting Fund-Raising Business without Permission. 2) Seoul Central District Court (2) on October 28, 2016.

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