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창원지방법원 2015.06.03 2014나10919
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

3...

Reasons

1. Basic facts

A. A. Around January 17, 2013, the Plaintiff called “NH Nong and Low Interest Loan.” The Plaintiff’s phone calls with the word “NH Nong and Low Interest Loan.” The Plaintiff sent money for the loan as a pre-interest and fee for the loan. The Plaintiff, on January 21, 2013, transferred KRW 90,000 to the Nong Bank (F) account in the name of Defendant B, and KRW 30,000 to the Nong Bank account in the name of Defendant C, and KRW 1,680,000 to the Nong Bank account in the name of Defendant D (H) and KRW 1,680,000 to each of the accounts in the name of Defendant D (H).

(hereinafter “instant fraud crime”). B.

Defendant C had a resumeed on the site of “Abmon” in order to part-time work. On January 16, 2013, in order to make a benefit passbook and a security card from a name-free person who misrepresented the Ebmon design company, Defendant C issued a physical check and password under Defendant C’s name to the name-free person.

C. Around January 10, 2013, Defendant B received a mobile phone text messages and made a telephone to inquire about loan-related issues. Defendant B received Defendant B’s phone and made a false statement that he/she would help a financial institution obtain a loan. Defendant B opened the said Nonghyup Account on January 11, 2013, and Defendant B sent the passbook and cash card in Defendant B’s name through Kwikset delivery book.

The above money transferred by the Plaintiff remains 6,700 won in the account under Defendant C’s name and 5,400 won in the account under Defendant D’s name, and the remainder was all withdrawn by the name in boxes on the date of transfer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 9, 10, and the purport of the whole pleadings

2. Determination as to the cause of action

A. In the Plaintiff’s primary assertion, the Defendants anticipated that each of the instant accounts will be used for the instant fraud crime.

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