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(영문) 서울중앙지방법원 2020.03.12 2018가단5233443
부당이득반환 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 17, 2018, the Plaintiff received a telephone from a person who was not the deceased’s name. The Plaintiff revealed himself as the Seoul National Cyber Investigation Agency, and the NAC head established under the name of the Plaintiff used the case of fraud and received prosecution investigation, and the said NAC head should deposit financial assets to the National Investigation Agency’s account in order to verify whether the illegal transactions of the head of the NA were committed.

B. At around 14:32 of that day, the Plaintiff transferred KRW 50,000 to the new bank account under Defendant B’s name, and KRW 30,000 to the bank account under Defendant C at around 18:05.

C. (1) Defendant B immediately transferred KRW 49 million of the money transferred to one’s own account to a virtual account (i.e., company E) that runs the Cding Exchange (hereinafter “Nonindicted Company”) to a virtual account (i.e., company E) that runs the Cding Exchange, and purchased the said money from the financial resources and immediately deposited the said money to the ETH’s transfer to the ownership-free address.

② Defendant C transferred 29.4 million won to his own account from 18:13 to 18:20,000 to 4. Defendant B transferred 18:23 to 18:20,000 won immediately following the transfer from 18:23 to 18:28 to 10.9 million won, and transferred 1.9 million won from her own account to crypt (i.e., an enterpriseF) to crypt (i.e., a bank) account. Defendant C purchased the said money from crypt crypt crypt crypt crypt crypt crypt crypt cryp cryp cryp cryp cryp cryp cryp c

However, as we know, the above telephone was scaming (electronic financial fraud), and the plaintiff was transferred as above.

E. Defendant C: (a) requested the Defendant B, who is either himself or herself, to purchase encryptions by her home-based service to the person who is the director of G (hereinafter “victim”); and (b) requested the account transfer to the Defendant B; and (c) under the said name.

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