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(영문) 서울중앙지방법원 2018.02.21 2017가합548836
손해배상(기)
Text

1. The defendant (appointed party) and the attached Form

2. The “parties” in the list of claims Nos. 3 through 37 is described respectively.

Reasons

1. Basic facts

A. The Plaintiffs are attached to the Defendant from June 2014 to August 2016, between the Defendant and the Plaintiffs.

2. The “claim 1” of the Claim List means each investment contract to make an investment to the Defendant, and the Defendant paid the pertinent investment amount respectively.

B. Meanwhile, the defendant paid a certain amount to some of the plaintiffs as a dividend payment for each of the above investment contracts, and the amount calculated by deducting the above dividends from the initial amount invested by the plaintiffs is attached to the attached Form

2. The "amount 2" of the claim list shall be the same as each money stated in the claim list.

C. On February 3, 2017, the Defendant was sentenced to a conviction of 12 years of imprisonment (hereinafter “instant criminal judgment”) due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of Seoul Central District Court Decision 2016 Gohap932, etc.

The criminal facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant are as follows: even if the defendant received money from the victims as the investment in the overseas business operated by the defendant, such as the FX M&D business, the defendant used it for its original purpose, or did not have the intent or ability to repay the principal and interest with the business profits operated by the defendant; however, if the defendant invests in the overseas business operated by the defendant, such as FX M&C brokerage business, etc., the defendant would like to pay the principal and interest with such profits; from November 21, 2011 to August 26, 2016, it was acquired from 12,178 victims to 35,283 times in total from 12,178 victims to 35,283 times in total.

The above facts constituting the crime from the plaintiffs other than Appointor D and E

1.(a)

It includes the fact that the investment money has been acquired through fraud, such as the statement in paragraph (d).

With respect to the above judgment, both the Defendant and the prosecutor in charge appealeded as Seoul High Court 2017No595, and the above court on September 13, 2017, the Defendant, etc. from the victims of the Plaintiffs, etc. on November 21, 201 to September 4, 2016.

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