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(영문) 의정부지방법원 2018.04.11 2017가단20210
손해배상
Text

1. The Defendant’s KRW 56,234,248 as well as 5% per annum from August 31, 2017 to April 11, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant’s act of fund-raising (C; hereinafter “C”) received funds from many unspecified persons through fund-raising sources, etc. consisting of a fund-raising source in the form of organization, through which C is a financial institution specializing in FX M& trading, which is a kind of futures trading of foreign exchange derivatives, and upon joining C as a member after paying investment funds, a fixed amount of 3 to 8% per month and the principal amount may be guaranteed. The Defendant received funds by advertising that the investment funds, recommendation allowances, and the dividend amount to be paid in the future can be verified through the personal account established on the above Internet website.

However, C does not know the location of the office, the current status of operation, the overseas remittance of the investment funds delivered to the fund raiser, the actual user, and the source of dividends delivered to investors, and it does not have the FDM status necessary for the FX transactions, and there is no branch office in Korea.

No one shall make an act of importing investments under an agreement with unspecified persons for the payment of the total amount of investments or an amount in excess thereof in the future without obtaining authorization, permission, etc. or making a registration, report, etc.

Nevertheless, the Defendant and C’s general liability for funding, D, E, etc., as the Plaintiff, are unspecified investors, such as the Plaintiff, etc., “C has obtained the authorization of FDM as a specialized securities company specializing in the FX-related transactions with a branch office in Singapore, and C is also a subsidiary of G, an affiliated company of Thailand, the FF Group, which is an affiliated company of the FF Group in Thailand. C creates high profits by making an investment with the member’s funds.” “FX-related transactions will result in high profits by making an investment in C,” and “I would receive a dividend of FX-related transactions. If the investment of USD 1,000 is made, USD 3% per month, USD 5,000 per month, USD 10,000 per month, USD 6% per month, USD 20,000 per month, USD 7,000 per month, USD 30,000 per month, and the principal will be paid for eight months after the month.

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