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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 19, 2014, the Plaintiff entered the account number and password on the Internet website after receiving a call from an unsatisfying person who misrepresented the inspection, stating, “A daily allowance for illegal use is arrested, and thus it is necessary to investigate whether the perpetrator is the victim or the victim is the victim. It is necessary to report the loss of the head of the Tong and to re-issue the passbook.”
B. On the same day, from the Korea Investment Securities Account in the name of the Plaintiff, the sum of KRW 18,021,070 to the Samsung Securities Account in the name of the Defendant B, the Korea Investment Securities Account, and the future 3rd Securities Account, the sum of KRW 12,041,288 to the post office account in the name of the Defendant C, and the community credit cooperatives account in the name of the Defendant C, and the sum of KRW 6,031,000 to the post office account in the name of the Defendant D was entirely withdrawn from each of the above accounts in the name of the Defendants.
C. The Defendants were investigated by the Seoul Western District Prosecutor’s Office on suspicion that they violated the Electronic Financial Transactions Act by transferring passbooks, cash cards, etc. to a person under whose name the Defendants were named, and Defendant C and D were issued a passbook on August 22, 2014 because they provided loans from a person under whose name the Defendant would have borrowed from a person under whose name the account was the victim, and there is no evidence to acknowledge that such loans were made for any consideration or telephone financial fraud.
The defendant B was subject to a disposition of incompetence of evidence on the ground that his whereabouts is unknown, and the prosecution was suspended for the reason that his whereabouts is unknown.
[Reasons for Recognition]
(a) Defendant B and D: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);
(b) Defendant C: Facts without dispute, entries in Gap’s evidence Nos. 1 through 4, the results of response to the submission of financial transaction information to each financial institution, and the purport of all pleadings;
2. The plaintiff's assertion and judgment
A. The Defendants’ summary of the Plaintiff’s assertion is the money from the Plaintiff by transferring the cash card, passbook, etc. under the name of the Defendants, which is prohibited from transferring to the names of the Defendants.