금융사기 피해금 환급금 결정처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 27, 2015, Nonparty B (hereinafter “Nonindicted Party B”) transferred the total amount of KRW 3,500,000 from 16:09 to 16:12,00 on the same day to the new bank account in the name of 239 won (hereinafter “instant account”).
After that, from 16:13 to 16:16 of the same day, the sum of 3,492,800 won was missing from the account of this case, and the account balance became 7,439 won.
B. Under the above circumstances, the Plaintiff was subject to telecommunications-based financial fraud and transferred KRW 1,700,000 to the instant account at around 16:32 on the same day.
As a result, the balance of the above account was KRW 1,707,439, and there was no additional money from the above account until the refund for damage was paid due to the following reasons.
C. On March 30, 2015, the Nonparty submitted to the New Bank an application for remedy of damage pursuant to Article 3(1) of the Special Act on the Prevention of Damage Caused by Telecommunications-based Financial Fraud and the Refund of Damages (hereinafter “Telecommunications Fraud Refund Act”) to the effect that the Nonparty filed an application for remedy of damage with respect to KRW 3,500,000 with respect to the instant account.
Plaintiff
On April 1, 2015, the new bank submitted a “application for remedy for damage” to the effect that it shall file an application for remedy for damage based on the said provision regarding KRW 1,700,000 with the new bank.
The claim extinction procedure under Articles 5 through 9 of the Telecommunications Fraud Loss Refund Act was initiated upon the application of the Nonparty and the Plaintiff, and finally, the claim extinction procedure was extinguished due to C’s new bank account holder, and the notice of commencement of the claim extinction procedure was subsequently extinguished.
Accordingly, pursuant to Article 10 of the same Act, the defendant shall decide to refund KRW 558,201 to the plaintiff, and KRW 1,149,237 to the non-party, and the difference between KRW 1,707,439, which is the extinguished claim, occurs in the process of disposing of the total amount.