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(영문) 광주지방법원 2020.05.21 2019가단519825
부당이득금
Text

1. The Defendant’s KRW 20,589,815 as well as the Plaintiff’s KRW 5% per annum from November 14, 2019 to May 21, 2020.

Reasons

1. Basic facts

A. On April 2, 2019, the Plaintiff took the word “the details of the PAYCO approval and 855,000 fabricated computer purchase approval form” and took the phone number as indicated in the text. The Plaintiff, who misrepresented the director of the Financial Supervisory Service to “the use of a large-scale passbook by stealing the Plaintiff’s name, is suspected, and the Plaintiff should be informed of an OTP number to prove that he/she is a victim, and notified the Plaintiff of the necessary work of installing the app and OTP number as he/she wishes, but, on the same day, transferred KRW 100,000 to the Defendant’s corporate bank D (hereinafter “instant account”) account in the Plaintiff’s name.

B. On April 2019, the Defendant: (a) received a proposal from an inscaming staff member who misrepresented him to “to use the bank account for the withdrawal of the Internet casino site and sports soil and pay for the payment thereof; and (b) lent the means of access, such as an OTP card and password connected to the instant account, to the said inscaming staff.”

C. As above, the employee transferred 100 million won from the Plaintiff’s account to the instant account using the means of access to the instant account leased by the Defendant to the singing criminal act, and immediately transferred the amount from the Plaintiff’s name to the F to the NA account. The Defendant’s account in the name of the Defendant did not remain.

After the transfer of KRW 100 million, the Plaintiff reported the damage of the Bosing, other than the Plaintiff, was suspended from payment for the balance of the deposit in the Nos. 100 million won of the Plaintiff’s account, following the Plaintiff’s first report on the damage.

After that, according to the procedure for the extinguishment of claims under the special law on the prevention of damage caused by telecommunications-based financial fraud and the refund of losses, the plaintiff is named on June 27, 2019.

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