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The Plaintiff
A. Defendant C’s KRW 59,054,902 as well as 5% per annum from February 8, 2018 to May 20, 2020.
Reasons
1. Basic facts
A. On February 8, 2018, the Plaintiff transferred KRW 130,000,000 to the Saemaul Treasury Account in the name of E and to the New Cooperative Account in the name of Defendant D’s name, “on the same day, the Plaintiff transferred the money deposited in the Plaintiff’s name to the account that is known as having concerns over loss of the money deposited in the Plaintiff’s financial fraud crime.”
60,930,000 won, out of the amount transferred to the Saemaul Bank Account in the name of E, was re-transfered to the account of Defendant B’s National Bank.
(hereinafter “this case’s Bophishing crime”). Afterward, the Plaintiff was returned KRW 70,945,098,00,000, from the account under the name of E to the account of F, G, H, etc.
B. Defendant B was proposed to open a virtual account of the Defendant Bank from the instant Bosing Fraud and to pay the face value with the Mar. 1, 2009, and planned to refer Defendant C to the name of “Masing Department” as instructed by the instant Bosing Fraud, and withdrawn KRW 70,000,000, which was transferred to the account of his national bank, and delivered the said money to Defendant C after having met.
C. Defendant C received KRW 70,000,000, in contact with B on February 9, 2018, and delivered it to Bosing staff, who was responsible for the withdrawal (the person who withdrawn the said amount of damage if the victim transferred the money to the account opened in the name of the third party by deception) under the condition that he would receive 3% of the amount of damage out of the instant Bosing fraud.
Defendant D received a proposal that “a loan can be made if the transaction performance is accumulated, and the transaction performance is stored to the account and returned money again to the account” from the instant Bophishing fraud, and accepted the proposal, and then withdrawn KRW 50,000,000, which was transferred to the credit union’s account, and then delivered it to the Bophishing employee.
(e).