부당이득금반환 등
1. Defendant (Counterclaim Plaintiff) B: (a) 128,740,000 won against the Plaintiff (Counterclaim Defendant) and its related thereto from December 22, 2017 to December 12, 2018.
1. Basic facts
A. Defendant B, who is under the influence of Defendant B, became aware of the Plaintiff’s use of the D convenience points operated by the Plaintiff around the end of 2014, and the Plaintiff became aware of the Defendant C, the mother of Defendant B, through the introduction of Defendant B around January 2015.
B. At around February 2015, Defendant B heard from the Plaintiff that “A credit card is not issued due to the occurrence of damage to KRW 20,000,000,000,000 which is due to the husband’s ignorance of the husband, and the husband said to open one credit card under the name of the D convenience store business owner.” Defendant B, upon the Plaintiff’s statement, stated that “In Korea, E is well aware of the branch office of E, and E is the head of the said branch office, E is the head of the said branch office, and the head of the family-gu F is working at G Bank. In order to enhance credit rating, if he purchases goods at H, I, and J such large retailer and delivers receipts to the head of the said branch office, he may raise credit rating by raising credit rating.”
Accordingly, between February 4, 2015 and June 15, 2017, the Plaintiff wired total of KRW 128,740,000 to Defendant B’s bank account and Defendant C and K designated by Defendant B, and each bank account in the name of L, as shown in attached Table 1 and Table 2.
C. However, in fact, Defendant B did not have a branch office in E, and Defendant B’s “F” was also the head of the above branch office, and Defendant B did not work in G Bank even in the case of Defendant B’s non-degree of private relationship, and there was no way to enhance the Plaintiff’s credit rating by using a receipt issued at a discount store. Therefore, even if the Plaintiff received money from the Plaintiff, Defendant B did not have an intent or ability to increase the Plaintiff’s credit rating and to issue credit cards.
Defendant B is punished by imprisonment with prison labor for 10 months at the Suwon District Court on October 23, 2018 as the above facts (hereinafter “instant fraud”).