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(영문) 의정부지방법원 고양지원 2018.11.02 2018가합70632
손해배상(기)
Text

1. The Defendants jointly share KRW 128,140,780 with respect to the Plaintiff and the period from July 8, 2015 to November 2, 2018.

Reasons

1. Basic facts

A. The F, through a fund raising source, etc. consisting in the form of an organization, misrepresented an unspecified number of financial institutions specializing in foreign exchange derivatives trading to be engaged in an act of receiving money without authorization for banking business, etc. that guarantee the principal and receive investment funds, the F, without obtaining authorization for F, to a securities company specializing in foreign exchange derivatives trading. The F, “F, upon investment in F, creates high-income from its member’s investment,” thereby engaging in an act of receiving money in excess of 10 billion won from the victims.

B. G is the top business entity of F, and Defendant E is the lower business entity of G, and Defendant B and D is the lower business entity of Defendant E, Defendant B and Defendant C is the lower business entity of Defendant B, and Defendant B is the lower business entity of Defendant B, and Defendant E recruited the Plaintiff from the office of Defendant B’s operation as an investor.

On June 2, 2015, the Plaintiff remitted KRW 54,817,418 to Defendant E for investment, and transferred KRW 61,985,00 to Defendant C on June 26, 2015, and transferred KRW 61,985,00 to Defendant D on June 26, 2015 and KRW 55,895,000 on June 2, 2015 and KRW 28,84,00 on July 8, 2015, respectively.

The Defendants remitted investment funds from the Plaintiff to H representative I.

C. The Defendants are also the Defendants.

On June 2, 2015, the facts charged that the Plaintiff assisted the Defendant D’s act of fund-raising without permission, as stated in the same paragraph: (a) deposited KRW 50,000,00 on June 2, 2015, and KRW 13:05:235,895,00 on June 2, 2015; and (b) deemed that only KRW 5,895,00 on KRW 5,895,00 were omitted from criminal facts.

As for the crime of aiding and abetting in violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, Defendant B was charged with a fine of 12,000,000 won in Suwon District Court on September 7, 2017, and Defendant C was punished with a fine of 10,000,000 won in case of Defendant C, Defendant D with a fine of 15,000,000 won in case of a fine of 15,000,000 won in case of a fine of 20,000 won in case of Defendant E, and the above judgment (the part of the Defendants) was finalized around that time.

(hereinafter “instant criminal judgment”) D.

Meanwhile, on July 2, 2015, the Plaintiff’s KRW 7,200,000 from F, and on July 2, 2015.

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