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(영문) 서울중앙지방법원 2018.08.17 2018나24911
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. On October 2014, the Defendant: (a) proposed that he would pay KRW 2,00,000 in cash if he/she sent a check from his/her name in the vicinity of his/her residence in Ulsan-gu, Ulsan-gu; and (b) transferred the means of access to electronic financial transactions, such as one cash card, in the name of the Defendant established in the Seoul Central Community Credit Cooperatives, through Kwikset Service.

B. On October 21, 2014, the Plaintiff received a telephone from a person under whose name the Plaintiff referred to as the prosecutor, and the person under whose name the Plaintiff was named was confirmed to be the nominal owner of the passbook. Therefore, it is necessary to conduct an investigation because the Plaintiff is a criminal suspect. www.sojkr's website of the Prosecutors' Office, confirm the case information, and enter all financial information, such as the bank's account number and password, resident registration number, identification number, ID, and parfr, and enter all financial information, such as the new bank's account number and password, resident registration number, identification number, ID, and parfr." On the same day, the Plaintiff entered all financial information related to the bank's account by accessing the fake Public Prosecutor's website as ordered by the person under whose name the name was omitted on the same day.

C. On October 21, 2014, the organization of Bosing criminal organizations, including name-free boxes, obtained a total of KRW 144,352,000 from the Plaintiff’s accounts, such as the Plaintiff’s new bank, Han Bank, foreign exchange bank, and SK Securities, on a total of 37 occasions, using information on the accounts entered by the Plaintiff. Of them, KRW 5,650,000, which was transferred to the said accounts of the Defendant’s name, was entirely deposited on the same day.

(A) A series of crimes, such as the above, are referred to as the “instant Bosing crime.”

The defendant is the defendant at the Ulsan District Court (2015 Highest 431).

In relation to the violation of the Electronic Financial Transactions Act due to criminal facts such as Paragraph 2, a fine of KRW 2 million was issued, but a request for formal trial was made, and the Ulsan District Court (2015No. 506) found the defendant guilty on May 21, 2015.

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