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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On July 9, 2007, the Defendant is a person who has reported divorce with the victim C on July 9, 2007.
The Defendant managed and used the new bank account (D) in the name of the victim, who was the head of the Tong prior to divorce, and even after divorce with the victim, the Defendant used the said account for his own interest, and the Defendant, while making use of the said account for his own interest, agreed upon the installment savings, credit card payments, and communication expenses in the name of the victim who was automatically transferred from the said account prior to divorce, and maintained the status of the automatic transfer.
From May 1, 2007 to August 2008, the Defendant deposited a total of KRW 33.2 million into the above account of the victim according to the existing usage practices. The victim wired a total of KRW 28.7 million to the above account, while the Defendant withdraws or uses approximately KRW 18.2 million from the above account, and transferred approximately KRW 21.6 million for the benefit of the victim.
Nevertheless, on May 2, 2011, the Defendant filed a lawsuit by submitting a complaint with the attorney-at-law stating that “The Defendant would have pretended that he did not manage and use the said account and paid all KRW 2,683,000,000,000 excluding KRW 6,370,000,000,000, out of the amount deposited in the said account, to the victim as the purchase price of apartment purchase right; and “The Plaintiff paid KRW 38,564,098,00 from May 2, 2007 to Defendant C, including the transfer of the said new bank account, and the transfer of the said new bank account.” As the Defendant denies this, the Defendant filed a lawsuit by submitting a complaint with the attorney-at-law stating that “The said amount shall be returned as unjust enrichment.”
Accordingly, the defendant, by deceiving the above court's adjudication division, attempted to take approximately KRW 18,830,00 ( KRW 18,200,000 to KRW 6,377) from the victim, but failed to take part in the defendant's decision against the victim.