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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On February 5, 2018, the Plaintiff transferred 320,000,000 won (=97,000,000,000,000,000,000,000 won) in total to the account of an IBK bank in the name of C on the same day by deceiving that the Plaintiff was using the Plaintiff’s account, which was caused by a false name from a misrepresentation of the head of the team of the Financial Supervisory Service (i.e., KRW 287,239,681,00), and (ii) KRW 152,00,000,000 in total to the account of an IBK bank in the name of C on the same day.
D) On February 5, 2018, KRW 467,239,681 deposited by the Plaintiff to a virtual account under the name of the Defendant established in F, a virtual currency exchange operated by the Defendant (= KRW 100,000,000,000, KRW 87,239,681,000,000, KRW 90,000,000 among the money deposited by the Plaintiff on February 6, 2018, C transferred KRW 209,00,000 among the money deposited by the Plaintiff on February 6, 2018, KRW 5,000,000 among the remainder of the money deposited by the Plaintiff to an account under the name of G to KRW 30,000,000, KRW 1000,000 in the name of the account under the name of G, and KRW 5,00,000 in the name of each account.
E transferred 361,00,000 won deposited by the Plaintiff and C on February 6, 2018 to the virtual account opened in the above F on three occasions (=209,000,000 won).
As above, the amount deposited into the F virtual account in the name of D and E was used to purchase virtual currency, such as d and E by a person who was transferred the ID and password of each virtual account from D and E, and the purchased virtual currency became impossible to return it because it was transferred to the electronic wallets of the person who was not entitled to receive the name.
On December 24, 2018, the prosecutor of the Seoul Central District Prosecutors' Office issued a non-prosecution disposition against account providers, such as D, E, and C, to the effect that they are suspected of having committed a non-prosecution disposition.
[Ground of recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 11, and 12 (including branch numbers; hereinafter the same shall apply), the fact inquiry and reply to the Seoul Central District Prosecutors' Office, and the purport of the whole pleadings.