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(영문) 서울동부지방법원 2019.02.15 2017나27848
부당이득금반환 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 24, 2016, the Plaintiff sent KRW 18,000,000 to an account under the name of the Defendant (CFD; hereinafter “instant account”) on August 24, 2016, to the effect that “the Plaintiff is entitled to open a maths passbook with the credit rating of 18,000,000 won.” However, there is insufficient specification of transactions. If the Plaintiff immediately withdraws the amount of KRW 18,00,000 after deposit, the details of transactions have been formed, and then the Plaintiff wired KRW 18,00,000 to the account under the name of the Defendant.

B. On August 19, 2016, the Defendant reported and contacted the job offer advertisements of “F” in the daily information center (E) and sent documents on three occasions on August 22, 2016. After completing the document delivery on three occasions, the Defendant sent the post office account in the name of “F” to one G agent, who received KRW 50,000 as an allowance, and received the said G agent’s statement that “the document delivery is 15,000 won per case, and the cash delivery is 35,000 won per case.”

C. On August 23, 2016, the Defendant informed the instant account by receiving a request from the F, “F’s only one person to transfer money to another account.” On the same day, the Defendant withdrawn the money deposited in the post office account under the name of the Defendant (i, J, K, and L totaled KRW 65,000,000) and the instant account (M, N, andO totaled KRW 30,000,000) from the Defendant’s account, and then delivered the money deposited in the instant account (M, N, andO totaled KRW 30,000,000), and received KRW 290,000,000 as allowances, through the said post office account.

On August 24, 2016, the Defendant, upon receiving an order to deliver cash again from the said H agency, withdrawn the money deposited in the said post office account (P, Q, R, S, and T remittances totaling KRW 62,398,000) and the instant account (the details of the Plaintiff’s remittances totaling KRW 18,00,000) and delivered it to the bearers.

E. On August 24, 2016, at around 19:00, the Defendant was contacted by CF to the effect that the instant account was used for telephone financial fraud (one-day voiceing) and suspended payment.

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