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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 201, 201, the Defendant received mobile phone text messages that would allow bank loans from the end of the pertinent year, and contacted a person under whose name the team leader misrepresented, and subsequently, offered that if the Defendant sent a copy of the passbook and cash withdrawal card from the said person by creating a national bank or passbook, the Defendant would have the bank loan borrowed by creating a transaction performance. The same year is offered.
9.2. The Kwikset Service sent a copy of the passbook and a cash card and password opened at the National Bank.
B. On September 5, 2011, the Plaintiff: (a) obtained a phone call from a person under whose name the Seoul District Public Prosecutor’s Office misrepresented the Seoul District Public Prosecutor’s Office; (b) obtained a credit card number, transfer password, and security card password in the Plaintiff’s name to the Defendant’s bank account in the name of the Plaintiff; and (c) obtained a credit card number, account number, etc. from the Plaintiff to the “D” website; and (d) entered the Plaintiff’s new bank account number, transfer password, and security card password on the said website as ordered above; and (e) the said person under whose name the Plaintiff was not the Plaintiff’s name transferred KRW 6.1 million from the new bank account in the Plaintiff’s name to the Defendant’s bank account
(hereinafter “this case’s Bosing crime”). (c)
After that, in relation to sending a copy of a passbook, cash card, and password to a person under whose name the defendant was investigated by an investigative agency on suspicion of violating the Electronic Financial Transactions Act, but on January 11, 2012, the defendant was suspended from indictment on the ground that there was no same criminal history and the circumstances should be taken into account.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 3 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion by the parties is primarily based on the financial information that was acquired by deceiving the plaintiff and transferred 6.1 million won from the plaintiff's deposit account to the defendant's deposit account. Thus, the defendant unjust enrichment.