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1. The Defendant’s KRW 40,000,000 as well as 5% per annum from December 28, 2016 to June 20, 2017 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. In order to commit the singishing fraud by misrepresenting the public prosecutor's office and the staff of the Financial Supervisory Service, etc., those false boxes in China, etc., manage the call center's total policies that instruct the assistants, the fund-raising staff, the fund-raising policy that solicits him/her in Korea, the fund-raising policy that delivers the collected one-way passbook and e-mail cards to the withdrawal book, etc., and the cash-raising policy that withdraws the money remitted by the victims from the cash-payment period at financial institutions, and the fund-raising policy that directly receives cash from the victims and delivers them to the total account, etc., and take charge of the domestic victims' deposits.
B. On December 2016, the Defendant: (a) misrepresented the employees of the Financial Supervisory Service from “general interest,” etc. on the full books of the organization for the crime of Bophishing, etc.; (b) proposed to transfer cash from the victims; and (c) conspired to participate in the crime of Bophishing in the order of participation.
C. Around December 28, 2016, “total interest rate,” etc. in the name misstatement, etc., called the Plaintiff by phoneing the Plaintiff to a French office located in China, and falsely concluding that “A public prosecutor working for the Seoul Central District Prosecutors’ Office” was to find all the money in financial institutions in order to prevent any additional damage because the name was stolen, and then safe return is to be returned after keeping it in the Financial Supervisory Service.” On the same day, the Defendant obtained KRW 40,00,000 from the Plaintiff to the E Station located in Sinpo-si D around 15:50 on the same day.
On April 4, 2017, the Defendant was prosecuted for fraud due to the foregoing criminal facts, etc., and was sentenced to imprisonment with prison labor for three years by Seoul Central District Court Decision 2017Kadan1002.
According to the above facts, the defendant committed a tort against the plaintiff unless there are special circumstances.