1. The part against the defendant in the judgment of the court of first instance against the defendant shall be revoked;

2. The above-mentioned part shall be applicable.

1. Facts of recognition;

A. On December 2, 2013, the Defendant opened an account under its name (Account Number: C; hereinafter “instant account”) and issued the passbook and cash card to the person in whose name the account was named, after hearing the words “to pay by opening an account with a cash card” from the person in whose name the Defendant misrepresented the employees of the Nong Bank. The Defendant opened the account under its name and issued the passbook and cash card to the person in whose name the account was named.

B. On the other hand, on January 2, 2014, the Plaintiff’s statement that “the deposit of the loan deposit is made” by telephone from a person under whose name the Plaintiff misrepresented the staff of the SBI Savings Bank, is the same month.

6. The account transfer of KRW 990,000 to the instant account.

C. The Plaintiff’s balance prior to the account transfer was KRW 5,200, and the said KRW 995,200 was transferred, but the said KRW 991,00 was deposited immediately and the said balance became KRW 4,200.

In relation to the issuance of passbooks, etc. to the account in this case, the defendant was investigated by the investigation agency under suspicion of violating the Electronic Financial Transactions Act, but was subject to disposition by the Suwon District Prosecutors' Office on May 14, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is selective transfer of KRW 990,00 from the Plaintiff’s account to the instant account, and the Defendant acquired the said money without any legal ground, and thus, the Plaintiff is obligated to return the said money to the Plaintiff as unlawful

The defendant asserts that the defendant is liable for compensation pursuant to Article 760 of the Civil Act, since he actively participated in or aided criminal acts by transferring or lending the passbook and cash card of this case to a person who has failed to obtain his name, thereby causing damage equivalent to the above money to the plaintiff.

B. Determination of unjust enrichment on a claim for restitution of unjust enrichment has no legal ground.