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(영문) 광주지방법원 2017.11.30 2017가합1310
손해배상(기)
Text

1. The Defendants jointly list the Plaintiff (Appointed Party) and the designated parties listed in the separate sheet No. 1 as shown in the separate sheet No. 2.

Reasons

1. Basic facts

A. Defendant B is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D Co., Ltd. (hereinafter “Defendant D”); Defendant C is a corporation established for the purpose of investment brokerage, etc.; Defendant D is a corporation established for the purpose of credit business, etc.

B. On June 23, 2017, Defendant B was sentenced to six years of imprisonment with prison labor due to the following fraud, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and Defendant B appealed against the above judgment and continues to exist in Seoul High Court (2017No2032).

(1) The Defendant C operated by the Defendant C, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), did not have any professional human resources to proceed with oil retail business, hybrid financing, etc. Therefore, even if the Defendant C received investments from investors, the amount of the investment principal and the profits of the existing investor would have to be paid due to the investment money of the investors later made by the prompt return method. Thus, if the investors are not continuously recruited, the Defendant B did not have any intent or ability to pay the principal and profits of the investment as agreed upon. Nevertheless, the Defendant B did not have any intent or ability to pay the investment principal and profits if it fails to raise investors continuously, as stipulated in the agreement, through the designated employees under the name of the non-member. However, in the case of the designated investors, it constitutes only KRW 10,000,000 as a result of the agreement on February 26, 2016 in the attached Table 2.

When the victims, including B, invest funds in Defendant C, they falsely conclude that they will pay the investment principal and profits at maturity by applying the annual interest rate of 10-13%, and that they will be paid from the victims, such as Defendant B, D, and an accelerator investment association.

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