Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The party status “C (C; hereinafter referred to as “C”) is a company referred to as a financial institution specialized in FXM trading, which is a kind of futures trading of foreign exchange derivatives. The substance is an organization with no FDM qualification, and its substance and fund management method is unclear.
The defendant shall be the highest shareholder in Korea, and the largest shareholder in C's meeting of domestic investors in Korea shall be the chairperson of D.
E, a de facto spouse of the plaintiff, is in charge of D Vice-Chairperson, and the plaintiff is in charge of D Financial Chairperson.
B. The Defendant and one-person F, G, the Plaintiff, and E, who committed the crime of fraud, provided that the fund raisers, including the Defendant and one-person F, the Plaintiff, and E, explain to many and unspecified persons as if they would be able to guarantee the principal and high-profit profit, thereby soliciting to acquire investments from the trusted investors.
The competitors, including the Plaintiff, the Defendant, etc., explained to many unspecified investors that “C is a specialized securities company in the FXE transactions with a branch office in Hong Kong, Taiwan, and Singapore, and would receive a dividend of the FXE transaction revenue along with the principal when investing in Singapore,” and that “B would directly deposit the investment amount to the headquarters C, and may later transfer the principal and high-rate dividends,” and received a large amount of investment money from many investors.
However, since it is illegal to directly remit investment funds to the headquarters whose substance is unclear, the funds actually received were transferred to a foreign country under any other name, or the said investment funds were operated by exchanging “CCP(CP)”, which is virtual currency held by domestic investors as dividend or allowances.
In other words, the competitors such as the plaintiff and the defendant did not have the intent or ability to pay the principal of the investment and the agreed dividends, even if they receive the investment from the victims.
C. The defendant of the relevant criminal case is the above.