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(영문) 서울중앙지방법원 2019.06.27 2017가합531227
손해배상(기)
Text

1. The Defendant’s KRW 433,240,00 for the Plaintiff and KRW 5% per annum from May 23, 2017 to June 27, 2019.

Reasons

1. Facts of recognition;

A. On May 9, 2012, the Defendant joined as a member of C Co., Ltd. (hereinafter “C”) and served as a director (director) of D Co., Ltd., an affiliate, through the director-general (director) in mid-2014.

B. Even if the Defendant received investment money from April 201 to January 2017, the Defendant purchased and operated a game machine overseas or provided profits to investors through such purchase and operation, but did not have any intent or ability to pay profits to investors, the Defendant, including the Plaintiff, purchased the game machine with 11,00,000 won for investment in the business of installing the C game machine, and subsequently convicted the victims including the Plaintiff of the charge of purchasing the game machine with 11,00,000 won for 11,00,000 to 60,000 won each month for 36 months by deceiving the victims of the charge of purchasing the game machine with 20,000 won for 11,00,000 won for investment in the foreign game machine, and then, he was convicted of 20,000 won for 18,000 won for 20,000 won for 21,60,000 won or more for 213,000 won for investment (hereinafter referred to as 4,01).2).

As to the above judgment, both the defendant and the prosecutor respectively appealed, and the judgment of the appellate court also found the plaintiff guilty (Seoul High Court 2018No686), and the defendant appealed but the judgment of the appellate court was pronounced.

(Supreme Court Decision 2018Do14019, hereinafter referred to as “instant fraud”), which was recognized in the above judgment, commits fraud against the Plaintiff by the Defendant (hereinafter referred to as “instant fraud”).

During the period from January 6, 2015 to December 15, 2016, the Plaintiff is a sum of KRW 583,680,000, as shown in the attached Table 1, to the Defendant’s investment payment.

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