2. The costs of lawsuit shall be borne by the Plaintiff.

A. On November 7, 2016, the person whose name was omitted entered the false program installation of a false program that “to strengthen security” and “to strengthen security” on B’s company’s computer that connects the Internet at an unspecified place, and caused B to enter the personal information and financial information, such as the account number of the new bank in his/her name and the OTP creation number.

B. At around 19:39 on the same day, the person under whose name the account was omitted transferred KRW 50,000,000 from the new bank account in the name of the Plaintiff to the national bank account in the name of the Plaintiff using financial information acquired as above by accessing the new bank site in the name of the Plaintiff.

C. B filed a charge of violating the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and the Refund of Loss (hereinafter “Telecommunications-based Financial Fraud Refund Act”), however, the prosecutor took measures without suspicion against the Plaintiff on December 27, 2016.

The Defendant publicly announced that the above national bank account in the Plaintiff’s name constituted the fraudulent use account under the Telecommunications Fraud Refund Act, and that the procedure for extinguishing the claim on the deposit account amounting to KRW 50,000,000 was commenced, and notified the Plaintiff of this fact.

E. On January 13, 2017, the Plaintiff confirmed 50,000,000 won deposited in one’s own account while conducting money exchange business, and filed an objection on the ground that the Plaintiff paid 329,000 Hong Kong corresponding thereto to a third party.

F. Despite the Plaintiff’s objection, the Defendant notified the Plaintiff of the termination of the claim on January 19, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to Gap evidence 5, purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s crime of telecommunications-based financial fraud and the Plaintiff is not related to the telecommunications-based financial fraud of the person who has failed to make his/her assertion, and the Plaintiff is also subject to deception from the person who has not made his/her statement.