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(영문) 서울중앙지방법원 2017.12.13 2017가단5104999
투자금반환
Text

1. The Defendant’s KRW 30,840,00 for the Plaintiff and 5% per annum from March 25, 2017 to December 13, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into the instant investment contract with the Defendant, and when the Plaintiff invests in the Defendant’s overseas business, such as the Defendant’s EFEX (FX) brokerage business, etc., the Defendant paid 2% profits each month to the Plaintiff and returned the principal of the investment after the lapse of one year from the investment period. The Plaintiff entered into each of the investment contracts (hereinafter “instant investment contract”) with the Defendant as to KRW 20 million on September 8, 2015, KRW 22 million on October 2, 2015, and KRW 10 million on October 8, 2015, and paid each of the investments to the Defendant thereafter.

B. A criminal case against the Defendant was detained on September 6, 2016, and the Defendant was prosecuted on September 21, 2016 (Seoul Central District Court 2016Gohap932), and on February 3, 2017, the Defendant was sentenced to 12 years of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). (2) The Defendant appealed (Seoul High Court 2017No595) and partly replaced the list of the victims at the appellate court, but was partially replaced, it was sentenced to 15 years of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in relation to the fraud, etc. (Supreme Court 2017No595).

In fact, the Defendant used the total amount of KRW 484.3 billion to the lender or the investors in return for the principal and interest of the loaner or the investors in a short-term manner, such as that there is no business revenue from the foreign corporation from September 2, 2016 to the domestic account, and there is no assets or profit-making business entity to pay high-rate profits to the borrower or investors; there is no possibility of success; and there is no possibility of realizing considerable profits within the short-term period; and on December 201, the Defendant used the total amount of KRW 48.4.3 billion to repay the principal and interest of the lessee or the investors in the manner of the so-called “the repayment of funds” and used the total amount of KRW 256.2 billion to pay the fees to the lessee or investors.

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