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(영문) 대구지방법원 2015.10.16 2014가단23383

부당이득금 반환

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1. Defendant C’s KRW 9,597,00 for the Plaintiff and KRW 5% per annum from April 18, 2014 to October 16, 2015.

Reasons

1. Basic facts

A. On April 13, 2014, the Plaintiff: (a) received a proposal from an unqualified person (hereinafter referred to as “E representative working for the Nonghyup Federation”); and (b) sent a copy of the passbook, password, security card number, resident registration certificate copy, resident registration certificate copy, and front copy of the credit card (hereinafter referred to as the “F”) under the name of the Plaintiff, by facsimile.

(b) A person under whose name the Plaintiff used it to obtain a loan from a financial institution or to make a loan of KRW 42,000,000 from a financial institution in the name of the said Daegu Bank account, and thereafter deposited the said amount into the said Daegu Bank account on April 16, 2014; and on April 16, 2014, KRW 5,000,000, 2014;

4. From 16th to 18th day of the same month, 15,890,000 won in the old Cancer Depository account (Account Number: H) in the name of the defendant C, 16,100,000 won in the name of the defendant C, and 4,400,000 won in the name of the defendant C in the name of the bank account (Account Number: I) in the name of the defendant C between April 16, 2014 and April 18, 2014, and most money transferred to the account under the name of the defendants was withdrawn.

C. On May 28, 2015, Defendant C was sentenced to a fine of KRW 100 million on the ground that he/she violated the Electronic Financial Transactions Act by transferring the above Kuamamam Saemaul Bank’s account and each passbook and check card of the above Hoam Bank’s account, and notified the password, and the appeal is pending on the grounds that the Defendant C violated the Electronic Financial Transactions Act.

(C) On March 24, 2015, Defendant D received a disposition from the Daegu District Prosecutors' Office that it was suspected of having violated the Electronic Financial Transactions Act (Evidence of Evidence).

[Ground of recognition] Gap's order to submit financial transaction information in relation to Gap's 1, 2, 4, 5, 7, 8, 9, the National Agricultural Cooperative Federation, the Gu Cancer Saemaul Bank, the Gyeongnam Bank, and Mez comprehensive financial securities, the whole purport of the arguments, as a result of the whole.

2. Determination.