1. The Plaintiff:

A. Defendant B’s KRW 84,00,000 and for this, KRW 5% per annum from April 9, 2018 to June 20, 2019.

1. Basic facts

A. On April 9, 2018, the Plaintiff: (a) received a call from Defendant C to the effect that “I would return money immediately upon the completion of the case,” from a person under whose name the Plaintiff had misrepresented the staff belonging to the Seoul Central District Prosecutors’ Office; and (b) the Plaintiff has to cooperate in an investigation. On the other hand, I would like to withdraw all money deposited in the Defendant C’s account and transfer money deposited in the Defendant C’s name to the D Bank account (hereinafter “D Bank Account”); and (c) transfer money deposited in the Defendant C’s name to the D Bank account (hereinafter “D Bank Account”). On the same day, I would return the money immediately upon the completion of the case.” At around 13:11,00,000, around 15:53, around 400,000 on the same day, the money was transferred to each of the Defendant C’s D Bank accounts (hereinafter “the instant fraud”).

2) Meanwhile, the Defendant C calls to Defendant C for the phone shopping trading amount, stating that “On the face of 500,000 won per week by receiving the transfer of home shopping transaction amount in lieu of the home shopping transaction amount,” and Defendant C notified the account number of the bank to the above bearers around April 6, 2018.

On April 9, 2018, Defendant C transferred 84,00,000 won (i.e., KRW 44,000,000,000, 4000,000; hereinafter “the instant money”) deposited by the Plaintiff using smartphone banking from its own account according to the orders of the aforementioned persons without the name of the victim (i.e., Defendant C) to its own bank account on the same day, and then delivered the instant money to Defendant B, who is the “cash collection” of the telephone financial fraud organization, by withdrawing the amount corresponding to the instant money from the F Bank in cash from its own bank on the same day.

B. Defendant B’s criminal litigation against Defendant B was indicted as a crime of fraud on the ground that he/she committed a fraudulent act against the Plaintiff, etc. in collusion with telephone financial fraud assistance staff in name, and was sentenced to six months of imprisonment with labor at the Seoul Central District Court on June 13, 2019 (Seoul Central District Court 2018Da5488, 6170). The prosecutor appealed as Seoul Central District Court 2019No1972.

[Reasons for Recognition]