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(영문) 서울남부지방법원 2016.12.23 2016가단6075
부당이득금
Text

1. The Plaintiff:

A. Defendant B: 11,945,100 won for Defendant C; 11,946,00 won for Defendant C; 1,990,600 won for Defendant E; and 4,811 for Defendant F.

Reasons

1. Claim against Defendant B, C, E, F, and G

A. (1) Defendant B, who did not know the personal information, issued the passbook, etc. to the Nonghyup and the post office account upon receipt of the request to lend the passbook, and Defendant C, upon receipt of a proposal to offer KRW 3 million per one if the passbook was lent from the person in default of his name, issued the passbook, etc. to the Nonghyup and the post office account, and Defendant E, upon receipt of a proposal to offer the passbook from the person in default of his name, issued the passbook, etc. to the SC bank account if he borrowed the passbook by telephone. Defendant F, upon receipt of a proposal to offer the passbook from the person in default of his name, issued the passbook, etc. to the person in default of his name, and Defendant G issued the passbook, etc. of the community credit cooperative account to the person in default of his name.

(2) On March 31, 2014, at the time of the Plaintiff’s call to the public prosecutor’s office, and misrepresenting the Plaintiff with an investigator of the public prosecutor’s office. “The Plaintiff’s passbook under the Plaintiff’s name should be investigated and protected by the Financial Supervisory Service, due to the Plaintiff’s failure to enter the passbook at the website.” The Plaintiff entered the financial transaction information and the Plaintiff’s resident registration number, such as the bank account number, password, security card number, 35 pages, and password, connected to the false public prosecutor’s office site that the Plaintiff notified the Plaintiff of his/her name.

(3) On March 31, 2014, using the financial transaction information, etc. identified as above, the person in poor name transferred KRW 5,973,00 from the foreign exchange bank account under the Plaintiff’s name to the agricultural cooperative account under Defendant B’s name, KRW 5,973,00,00, to the agricultural cooperative account under Defendant C’s name, KRW 5,972,100, to the agricultural cooperative account under Defendant C’s name, KRW 1,990,60, to the SC bank account under Defendant E’s name, KRW 4,81,800, to the post office account under Defendant F’s name, and KRW 3,912,400, respectively.

(4) The person under whose name the payment was made above.

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