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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. E is a certified judicial scrivener who operates an E-certified judicial scrivener office, and F is a person who has been in charge of registration at the E-certified judicial scrivener office from November 201 to December 1, 2015.
B. The Plaintiffs paid a certain amount of interest upon the lending of money, and trusted the F to return the principal upon the expiration of the lending period and deposited money into a bank account designated by F, but did not receive the principal, etc. on the agreed date.
F was charged with a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a crime of fraud, etc., including the following facts charged against the Plaintiffs, and was sentenced to imprisonment with prison labor for four years as of November 24, 2016 by the Incheon District Court 2016Gohap245, 253 (combined), 300 (Joint), and 664 (Joint). The appeal was dismissed on February 16, 2017, and the judgment of the court of first instance became final and conclusive around that time.
F The F invested in the so-called “Brigelon” (in the event that the project takes place by the time of a prompt raising of necessary funds due to the price of the bid for real estate and real estate, etc., by short-term loans, etc.) or invested shares in personal stocks, on condition that high-rate profits are guaranteed, but it is difficult to secure a proper investment place.
As a result, F is required to make an investment by guaranteeing profits to some victims, which are subordinated investors, or by guaranteeing a much higher profit than the existing victims, and only the investment funds raised by requesting an additional investment by requesting an additional investment, the so-called “compacting” which pays the investment principal and profits of other investors. Since there was no particular property, F did not have the intent or ability to pay the investment principal and profits promised to the victims properly.
The F committed the following crimes in the above circumstances.
[Fraud against Plaintiff A] F means January 13, 2015.