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(영문) 서울중앙지방법원 2020.08.21 2019가단5047946
약정금
Text

1. The defendant

A. The Plaintiff A’s KRW 8,636,545 and its related KRW 5% per annum from May 20, 2015 to August 21, 2020.

Reasons

1. Facts of recognition;

A. From September 201, the Defendant recruited investors by crowdfunding method, stating that “When an investor purchases unlisted stocks and sells stocks to investors, and at the time when an agreement profit realization is reached as to the management of stocks for investors, the Defendant would sell the stocks to an institutional investor.” However, the Defendant solicited a number of investors, including the Plaintiffs, to pay the remainder of the investment funds after deducting 20% of the management remuneration from the investment amount after organizing a private investment association or an undisclosed investment association under the pretext of investment in a particular issue, and then making a contribution at the time of profit realization.”

B. The plaintiffs concluded each investment contract after hearing the above explanation from the defendant, and the details of the plaintiffs' investment (the items of investment, the date of investment, and the amount of investment) are as shown in the list of the details of investment and the quoted amount by the plaintiff (attached Form).

C. The Defendant’s representative D, Defendant E, F, G, H, I, J, and K (hereinafter collectively referred to as “Defendant’s employees”) was indicted on each of the charges of fraud, violation of the Financial Investment Services and Capital Markets Act, and violation of the Regulation on Unauthorized Receipt of Securities and Capital Markets Act, and the Defendant was indicted on the violation of the Financial Investment Services and Capital Markets Act (Seoul Southern District Court Decision 2015Da4570, 4664, 4927, 5342 (merged), 5342)). The said court sentenced the Defendant to the punishment of imprisonment with prison labor for the acts indicated in the “criminal facts” as indicated below for eight years, and three years, F, G, H, I, and J for E, two years, imprisonment with prison labor for K, one year and six months, and two hundred million won for K, and fine for the Defendant.

Defendant employees in violation of the Financial Investment Services and Capital Markets Act: (a) purchase of stocks by unlisted companies; (b) sale to investors; or (c) investment by unlisted companies on the ground of private investment associations or undisclosed investment associations.

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