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(영문) 서울고등법원 2015.08.13 2014나52546

부당이득금 등

Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. On June 3, 2013, the Plaintiff listened to the false statement to the effect that, by telephone from the nameless winners who misrepresented the employees of the Financial Supervisory Service (hereinafter “ even if the number of the winners was the number of the winners who participated in the commission of the instant crime, they shall be referred to as “the Plaintiff’s telephone rates of KRW 700,000 are imposed,” and shall conduct an investigation as there is suspicion of excessive charges, and shall help them know of the account information of all banks.” Accordingly, the Plaintiff was informed of each account information of the Plaintiff, a new bank in the name of the Plaintiff (hereinafter “new bank”), the National Agricultural Cooperative Federation (hereinafter “CF”), and C&C bank.

B. From 13:54 on June 3, 2013 to 13:56, KRW 600,000,000 from the Agricultural Cooperative (M) account in the name of the Plaintiff to the Agricultural Cooperative (N) account in the name of the Plaintiff four times, and between 15:29 to 15:32 on the same day, the sum of KRW 6,000,000 from the new bank account in the name of the Plaintiff (O; hereinafter referred to as the “the instant Plaintiff account”) in the name of the Plaintiff four times during the period from 15:29 to 15:32 on the same day to the Agricultural Cooperative account in the name of the Plaintiff (P; hereinafter referred to as the “Agricultural Bank account in the name of the Plaintiff”).

C. In light of the fact that the Plaintiff, around August 28, 2013, deposited KRW 5,994,800 among the 6 million won deposited in the agricultural cooperative account in Defendant B’s name on June 3, 2013, on the day the account transfer in this case took place, the Plaintiff withdrawn the balance of the NA’s account in the first instance co-defendant L as a refund for loss. In light of the fact that, around August 28, 2013, the Plaintiff withdrawn the remaining 5,200 won in the agricultural cooperative account in the name of Defendant B, which was not withdrawn by the person who was not killed in the name of this case.