1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 27, 2018, the Plaintiff, who misrepresented the investigator of the Seoul Metropolitan Police Agency, transferred to the account designated by withdrawing money to a certain amount of money, to the account in the name of the Defendant’s name, the Plaintiff transferred KRW 16:135,00 won, KRW 16:35,00,000, KRW 16:31:31,50,000,000, KRW 16:31:04,000, KRW 16:31:04,000, KRW 1150,000,000,000 from the national bank account in the name of the Plaintiff (hereinafter “instant account”).

B. Meanwhile, on April 24, 2018, the Defendant accepted a proposal to the effect that “C” is to invite a substitute purchaser of virtual currency (non-coin) through D, and that “A company fund team will give 1% of the commission for the purchase of bitcos through the exchange and send them to an electronic wall box designated by the Defendant for the use of bitcos to the Defendant’s bank account.” The Defendant accepted the proposal to the effect that “A company fund team will give 1% of the commission for the purchase of bitcos through the exchange and send them to the Defendant’s account.”

C. When money was transferred on three occasions from 11:33 to 16:31:04 on April 27, 2018 to the instant account, the Defendant transferred KRW 113,850,000 to F, a stock company, a virtual currency exchange, a transaction of which the Defendant traded three times on the same day, and thereafter, purchased bitcoin according to the market price, and then transferred the bitcoin to F, a designated bitcoin, and then transferred the bitcoin to the designated bitcoin.

[Ground of recognition] Evidence No. 1-2, Evidence No. 2, Evidence No. 2, Evidence No. 1-4, Evidence No. 7, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff alleged that the funds of this case transferred to the account of this case were deposited by the plaintiff due to the crime of Bophishing as above.