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(영문) 수원지방법원성남지원 2015.08.19 2014가단30284
부당이득금
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant D, Defendant D, KRW 230, and Defendant E, KRW 2,370, respectively.

Reasons

1. Basic facts

A. On August 1, 2014, the Plaintiff received a false phone from an unsatisfyer who misrepresented the inspection that the Plaintiff’s passbook and security card were related to illegal gambling, and should verify that the details of the credit card bank transaction were irrelevant to the offender, and installed several apps on the Internet and entered the security card number and personal information in accordance with his/her instructions.

B. immediately after that, from the Plaintiff’s account in the name of the Plaintiff, each money recorded in the “transfer amount” column was transferred to the account in the name of the Defendants on the date and time stated below.

A person who has failed to explain his money from the Defendants’ account on the same day (excluding the KS account in Defendant B’s name), and any money remaining in the Defendants’ account (excluding the KS account in Defendant B’s name), among the money transferred as a result thereof, is as indicated in the column of “the balance of the accounts” as listed below.

On the other hand, pursuant to Article 10 of the Special Act on the Refund of Damage Caused by Telecommunications Fraud, the Plaintiff received KRW 5,484,960 from the EK account under Defendant B’s name, and thereby, the current balance of the said account is KRW 0.

On August 1, 2014, the account transfer amount of the temporary account holder is KRW 5,886,860 won, KRW 6,860 won, KRW 6,860, KRW 5,624,130, KRW 6,930 in future deposit securities 6,035,840 won, KRW 35,840 in future deposit securities 6,872,540, KRW 6,940, KRW 5,484, KRW 5,960 in Sch securities 5,484, KRW 983,180 in C Post offices 5,983,180, KRW 9,580 in the account balance, and KRW 5,945,630 in the D New Bank 5,945,630 won in the account balance 6,860 won in the account, and there is no dispute between the Plaintiff and the Defendant (which is grounds for recognition).

2. The plaintiff's assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion lies in the Plaintiff’s account with the Defendants’ name.

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