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(영문) 수원지방법원 2016.03.03 2015가단35603
손해배상(기)
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as to KRW 16,000,000, and each of the said money, from February 27, 2015 to February 2016.

Reasons

1. Basic facts

A. On February 27, 2015, the Plaintiff received a telephone from a person who misrepresented the investigator of the Seoul Central District Prosecutor’s High-tech Criminal Investigation Team, stating that “The Plaintiff caused damage to KRW 25 million due to the issuance of the Plaintiff’s passbook under the name of the Plaintiff,” and that “B is the Seoul Central District Prosecutor, and the victims should transfer the money deposited in the party’s account to the new head of the Tong under the name of the party.”

After that date, the name-freeist had the plaintiff deposit KRW 74,98,207 after opening the first bank account (E) in the name of the plaintiff on the same day, and entered personal information, account number, security card number, and password by accessing the website of the Internet Public Prosecutor's Office.

On the Internet, a person who was unable to use the Plaintiff’s security card number, etc. known as above, transferred KRW 40,000,000 from the Plaintiff’s above Japanese bank account to Defendant B’s corporate bank account (F) and KRW 35,000,000 from Defendant C’s name to the Agricultural Cooperative (G) account.

B. On February 2015, Defendant B, upon receiving a proposal from the person who was unable to receive the name in cash (hereinafter “H”) to pay KRW 2 million under the name of the loan when withdrawing the money deposited in cash from the said Defendant’s account, he/she knew, or could have known, that the said money was not acquired through a normal method such as a criminal act, etc., and accepted the proposal.

around 16:06 on February 27, 2015, Defendant B withdrawn KRW 35,00,000, out of KRW 40,000 deposited from a corporate bank’s account at a new bank control point located in Gwanak-gu, Seoul Special Metropolitan City, to its own corporate bank account as above, and paid to the person who was not paid the name of the beneficiary using Kwikset’s services.

C. On February 2015, Defendant C received a proposal from a person who was unable to receive the name (hereinafter “I”) to pay the money deposited in cash from the above Defendant’s account and to pay KRW 5 million under the name of the loan if he withdraws the money from the said Defendant’s account. The said money is acquired in a normal way, such as a criminal act.

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