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(영문) 서울동부지방법원 2019.10.31 2019가합100217
손해배상(기)
Text

1. The Defendant: 100,000,000 won for Plaintiff A; 110,000,000 won for Plaintiff B; and 30,000,000 won for Plaintiff C; and each of them.

Reasons

1. Facts of recognition;

A. The Defendant is a person who has been attracting investment money while operating a stock company E for the purpose of asset investment business, etc., and the Plaintiffs are the persons who have paid the investment money to the Defendant.

B. On or around September 2018 or October 2018, the Defendant stated to the Plaintiffs that “a person may pay profits after purchasing bonds at a financial institution at a discount or make an investment in real estate auction. When paying investment funds, the Defendant shall pay 2.5% or 3% of the monthly proceeds, and shall repay the principal at the maturity date.”

Accordingly, the plaintiffs prepared a theory contract with the defendant to set the agreed profit rate and the due date, and paid the following money to the defendant as the following money for the purpose of investment.

Plaintiff

The total amount paid on October 16, 2018, A (won) shall be 100,000,000 100,000,000 B B on September 3, 2018, 2018; 110,000,000,000 on September 30, 2018; 30,000,000 on September 28, 2018; 23, 20,000 on October 23, 2018; 10,000,000 on November 6, 2018; 10,000 on December 4, 10, 2018; 10,000, C00,c 10,000,c 30,000 on September 30, 20, 2008;

C. However, the Defendant, however, was unable to secure high-income profits at least 2% per month by business, such as bond discount or real estate auction, and was in charge of the investment in the so-called “commencing manner” in which senior investors’ profits are paid out of the investment funds.

Accordingly, the defendant could not pay the profits and principal of the agreed interest rate continuously to the plaintiffs.

Accordingly, the plaintiffs filed a criminal complaint against the defendant on the charge of fraud, and the defendant was prosecuted as Seoul Eastern District Court 2019Gohap25 on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

On July 10, 2019, the first instance court deceiving four victims including the plaintiffs in spite of the defendant's intent or ability to pay the profits and principal of the interest rate agreed upon by the investors, and deceiving them. This is the sum of KRW 1,225,00,000 from the victims in terms of investment.

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