beta
(영문) 의정부지방법원고양지원 2020.06.24 2019가단93529

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On April 12, 2019, around 15:00, the Plaintiff was made a call to transfer the money to the Financial Supervisory Service account to the Plaintiff’s account, which received a loan, because the account in the name of the Plaintiff was used in the laundering of political funds, etc. from an unqualified person who misrepresented to the Seoul Central District Prosecutor’s Inspection.

On April 12, 2019, the Plaintiff transferred KRW 50,000,00 to the account of Defendant B, who belongs to the end of the above person under the name of the deceased. From April 14, 2019, the Plaintiff transferred KRW 50,000 to the account of Defendant C.

4. up to 15. A total of KRW 150,000,000 was remitted.

B. On April 8, 2019, Defendant B was proposed to offer a bank account from a person who was unaware of his name, and applied for Internet banking and to deliver an authorized certificate so that the loan can be made on the face of the State by issuing it.

On April 9, 2019, Defendant B opened a bank account and obtained an authorized certificate, and provided a smartphone program in accordance with the direction of a person without name, thereby enabling Defendant B to duplicate an authorized certificate, etc., and notified the name-free person of Internet banking of the ID and password.

Defendant B was investigated under suspicion of violating the Electronic Financial Transactions Act in relation to the provision of such electronic financial transaction media, and was subject to suspension of indictment.

C. On April 2019, Defendant C was proposing to make a Masp loan by setting up a transaction performance when opening the account E in the virtual currency exchange, because it is difficult to borrow a loan due to low credit rating from a person who assumes the position of D Bank staff from his name-dissponsor.

After the defendant C newly joined the E site that trades virtual currency, he notified the account and password, the defendant's DNA bank account number, and so on.

Defendant C received communications from his name-free persons to Defendant D Bank Account, and received instructions from April 13, 2019.

4. By the 15th day, a total of KRW 150,000,000 was remitted to E virtual accounts each day.

Defendant C, knowing that the Defendant’s bank account was suspended on April 16, 2019, is as above.