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(영문) 서울중앙지방법원 2020.09.04 2019가단5096610
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B, C, E, and F jointly share KRW 60,000,000 and those related thereto from September 6, 2016.

Reasons

1. In fact, Defendant C, as the representative director of Defendant F Co., Ltd. (hereinafter “Defendant”) established for the purpose of providing comprehensive consulting services such as financial advice on the 8th floor of Gangnam-gu Seoul Building and the 8th floor, was in charge of overall management of business and investment funds. Defendant B, as planning director of F, was in charge of overall management of business and investment funds; Defendant D, as management director of F; and Defendant E, as director of F, was in charge of soliciting each investor together with H.

The Defendants: “The instant company employs a professional engineer, thereby raising a stable amount of profit through overseas futures trading business (FX trading). When investing in the instant futures trading business, the Defendants: (a) explain to investors that “When investing in the said futures trading business, it guarantees the principal of investment; (b) paid the monthly profit of 3 to 5% with the period of the investment agreement set at six months; and (c) would return the remainder of the amount excluding the profits if the termination is requested even before the completion of the investment agreement period; and (d) attracts investments from March 30, 2015

The Plaintiff listened to the foregoing talks from Defendant C, etc., and transferred the total of KRW 60,000,000 to five times from March 26, 2016 to September 6, 2016 as investments in the Defendant Company.

However, the defendant company did not actually engage in the overseas futures trading business and there was no prepared plan for the basic business plan.

The Defendants, as seen above, committed an act of fund-raising activity of approximately KRW 7 billion without obtaining authorization, permission, registration, reporting, etc. under the Act, and the Defendants, Defendant C and B, who received the investment money from the victims without intent to pay the proceeds through the same method, were convicted of a crime of fraud, and the punishment became final and conclusive.

[Defendant C’s 2 years of imprisonment, Defendant D’s 1 year of imprisonment, and E’s 2 years of suspended execution (Seoul Central District Court Decision 2017Ra3171 decided Nov. 3, 2017; Supreme Court Decision 2017No45 decided Apr. 5, 2018).

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