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(영문) 수원지방법원여주지원 2019.10.16 2019가단54011
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 26, 2019, the Plaintiff: (a) received the letter “C Company B’s Audio Pamper 12.9 KRW 460,000,” from a person who was named in the name of the deceased; and (b) sent a phone with the call number.

On November 7, 2017, an account was opened at the E Bank Young Branch on the part of the Plaintiff, etc., and the KRW 130 million was removed from Korea on June 18, 2018, and if the account was transferred to an account known to the criminal organization because it is possible to pay money, the account was returned to the effect that the case will be returned.

Accordingly, on April 29, 2019, the Plaintiff transferred KRW 96 million to a bank account in the name of the Defendant, which was known by the winners of the name in the bank account in the name of the Plaintiff, to the F bank account in the name of the Defendant.

B. Meanwhile, from the last half of 2017 to the first half of 2018, the Defendant, who joined an Exchange of G's virtual currency and traded virtual currency, took charge of 1-3% of the commission from H, a later-round April 2019, instead of bitcoin trading, and was introduced I (Kakakaogle) to listen to the horses, and to do so.

C. On April 26, 2019, the Defendant informed his FFFF bank account at the request of I at the Kakakao Stockholm room that entered the first place of I, and purchased the remaining money excluding 3% of the fee of KRW 150,290,000 that the Plaintiff, etc. transferred to the said account six times, and then transferred it to the e-mail address designated by I.D.

Although the defendant was found guilty of aiding and abetting the morale of a person who was unable to obtain his name due to the above act, the prosecutor of the Seoul Dong District Prosecutors' Office in charge of the above case issued a non-prosecution disposition by the defendant on August 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The defendant asserts that virtual currency transactions are well known to the plaintiff.

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