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(영문) 서울중앙지방법원 2016.01.20 2014가단171863
부당이득금반환등
Text

1. The plaintiff's primary claim against the defendants is dismissed, respectively.

2. Defendant C is the Plaintiff KRW 1,800,000 and this shall apply.

Reasons

1. Basic facts

A. On July 2, 2014, a person who had misrepresented the investigator of the prosecutor’s office, by deceiving the Plaintiff to post a telephone to the Plaintiff, and thereby confirming that he/she had opened and used a passbook in the name of the Plaintiff, and caused the Plaintiff to deposit the Plaintiff into the national bank account in the name of the national bank, and then allowed the Plaintiff to enter an authorized certificate, password, and number by accessing the virtual Internet website, but did not have access by using it.

By deceiving the plaintiff to "I will return money after making deposits to the national security account", the person who has failed to do so would transfer 21,242,748 won from the national bank account in the name of the defendant B to the school guarantee account in the name of the defendant B.

B. The name-free person immediately transferred KRW 6,000,000,000, out of the money transferred to the school guarantee account under Defendant B’s name, to the National Federation of Fisheries Cooperatives under Defendant C’s name, and KRW 3,210,000,000, to the single investment securities account under Defendant D’s name, respectively.

(hereinafter referred to as "the crime of Bosing in this case"). 【The ground for recognition / [the ground for recognition] of the absence of dispute, Gap 1 and 2 evidence, the school guarantee right corporation, the National Federation of Fisheries Cooperatives, the Korea Federation of Fisheries Cooperatives, the Korea Saemaul Savings Depository, and the purport of the whole pleadings, as a result of each reply by the Korea Saemaul Savings Depository to submit financial transaction information in this court.

2. Judgment as to the main claim

A. Without any legal ground of the Plaintiff’s assertion, Defendant B received KRW 6,032,748 (the amount obtained by deducting the money transferred immediately to the remaining Defendants from the money first deposited in the account under the name of the said Defendant), Defendant C and D respectively deposited KRW 6,00,000, and Defendant E obtained profits equivalent to the said money. Accordingly, the Plaintiff suffered losses equivalent to the said amount. Accordingly, the Defendants are obligated to return the said money to the Plaintiff as unjust enrichment.

B. The Plaintiff was found to have committed the instant Bophishing crime.

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