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(영문) 의정부지방법원 2015.05.12 2014가단15293
부당이득금 반환
Text

1. The Plaintiff; Defendant B is KRW 12,740,000; Defendant E is 600,000; Defendant I is 1,500,000; and each of them.

Reasons

1. Facts of recognition;

A. From March 5, 2014 to March 19, 2014, the Defendants received a proposal from a person under whose name the Defendants misrepresented as an employee of a financial company, and issued a passbook, cash card, password, etc. in the name of the Defendants to the said person.

B. From March 18, 2014 to March 21, 2014, the Plaintiff listened to the statement that “the Plaintiff may obtain a loan from the Plaintiff, but it is necessary to deposit money, stamp tax, and card formation cost for the loan,” and around that time, transferred money from the account in the name of the Plaintiff from March 18 to March 21, 2014, as indicated in the Defendant’s “paid amount” column by Defendant Table, from March 18, 2014 to March 21, 2014 (However, the Plaintiff’s lawsuit against Defendant J was withdrawn).

(hereinafter “this case’s Bosing crime”). (c)

Plaintiff

The money transferred from the account in the name of the Defendants to the account in the name of the Defendants was immediately or immediately withdrawn from the next day after the transfer of the money to the account in the name of the Defendants, and among which, as of the date of the closing of argument in the instant case, KRW 9,410 to the account in the name of Defendant D, KRW 505,946 to the account in the name of Defendant F, KRW 18,560 to the account in the name of Defendant G and KRW 7,500 to the account in the name of Defendant H exist, but each remaining amount is the money of some of the money deposited by the Plaintiff to the account in the name of the Plaintiff and deposited by a third party.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including each number), the purport of the argument as a whole, each order to submit financial transaction information to the Dongyang Securities Co., Ltd., HMC Investment Securities Co., Ltd., Korea Investment Securities Co., Ltd., Korea Post, Postal Co., Ltd., the Bank of Korea, Daejeon Agricultural Co., Ltd., new banks, trust credit cooperatives, trust credit cooperatives, and good credit cooperatives

2. The Plaintiff’s assertion falls under the Defendant’s account in the name of the Defendants, because it constitutes the Defendant’s instant Bophishing by the Defendant.

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