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(영문) 울산지방법원 2016.03.16 2015나21172
부당이득금반환
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. A. On October 22, 2014, on the part of the Plaintiff’s name, the Nonparty infected the mobile phone used by the Plaintiff for the use of the Internet banking service, and then, the Plaintiff acquired the Plaintiff’s financial transaction information by accessing a specific pop-up shop that assumes the name of the Plaintiff by entering the bank account number, security card number, and identification number necessary for online banking in the name of the Plaintiff.

B. On October 2014, the Defendant: (a) stated a resume on the Internet job placement site’s “Abcheon Bureau”; (b) stated that the Defendant would be paid remuneration when considering the result of purchasing goods by accessing the auction site using a computer, etc., using the Kakakakao Stockholm via the Kakao Kakao Kakao Mes, while she sought jobs; (c) received a proposal that the Defendant would pay a certain amount of money necessary for the Defendant to participate in the auction; and (d) sent the Kaka card to the Defendant’s account to Kwikset, and notified the Defendant of the relevant account number and password.

C. On October 22, 2014, the person whose name was defective;

A. Using the Plaintiff’s financial transaction information discovered in the same manner as the statement in the Plaintiff’s statement, he remitted KRW 1,990,000 to the Defendant’s said bank account from the Nonghyup Bank in the name of the Plaintiff, and immediately withdrawn all remaining amount excluding KRW 8,600 to the Defendant’s cash payment period.

(hereinafter referred to as “instant crime”). [Grounds for recognition] There is no dispute, Gap evidence Nos. 1, 2, and Eul evidence No. 4, the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion is easy for the defendant to commit an unlawful act of deceiving money from the plaintiff by illegally lending or transferring the physical card, etc. which is an electronic financial transaction to a person who has failed to name.

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