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(영문) 서울남부지방법원 2019.08.14 2018가단214948
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 30, 2018, the Plaintiff heard that “In order to prove that the account in the name of the Plaintiff was used in the crime and was not the offender, the Plaintiff would transfer money to the Financial Supervisory Service” from a person under a false name who was misrepresented by the staff of the Prosecutor’s Office, and on the same day, around 14:06, the Plaintiff’s agricultural bank account in the name of the Defendant (Account Number C: hereinafter “instant account”).

2) On March 30, 2018, the Plaintiff transferred KRW 50,000,000 to the Seoul Yeongdeungpo Police Station. (2) On March 30, 2018, the Plaintiff reported the damage to the Kitcoin under the above Paragraph (1) to the Kitcoin Police Station. (2) On March 29, 2018, the Defendant sent the number of accounts to transfer the bitcoin’s investment funds from the person under whose name the payment was made. (3) On March 29, 2018, the Defendant sent the notice on the agency purchase of virtual currency, notified the number of accounts to transfer the bitco’s investment funds from the person under whose name the money was deposited, received a proposal to pay 1% of the deposit amount with the fee, and notified the account number of this case.

2) When money was deposited in the account as described in paragraph (1)-1, the Defendant confirmed the remote control program team interviewer (Teaam Viewer). Remote control program (including the remote control program) on one’s own computer, and provided the functions of directly controlling the other party’s computer, if necessary. Upon receiving instructions through B through B, the Defendant deposited the said money to the Defendant’s virtual account connected to D (Gaam Exchange) and then purchased the bitco and sent it to E (E) of the non-indicted’s virtual currency.

3 The defendant was paid KRW 1,200,000 as the commission for the purchase by proxy in bitcos from the person under whose name the defendant was not the party.

C. Daejeon District Prosecutors' Office which decided not to prosecute the defendant.

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