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Criminal · School Violence · Damages
Win Against Borrowed-Name Bank Account Holders in Fake Stock Exchange Investment Scam, With Damages and Consolation Money Granted
1. Case Overview
Our client was deceived by a member of an organized ring impersonating a securities firm team leader in a Telegram stock-tip room, signed up on a fake exchange website, and remitted a total of KRW 100 million to the defendants' accounts under the pretexts of US stock trading and recovering from trading errors. Our client came to DAEON Law Firm to recover the principal and obtain relief for the harm.
2. DAEON's Strategy
Anticipating that the defendants would try to wriggle out by claiming to be mere account holders, DAEON's attorneys meticulously constructed claims based on violation of the Electronic Financial Transactions Act and joint tort (negligent aiding and abetting) under the Civil Act, and joined an alternative claim for restitution of unjust enrichment. As a result, we clearly established the defendants' liability for aiding and abetting the tort, obtaining not only Damages equal to the amounts deposited into the accounts but also Consolation Money for emotional distress (KRW 3 million each), which is notoriously difficult to obtain in cases of financial loss—a remarkable achievement.
3. Result - Full Win
Shin Dong-woo
Kwak Dong-jun
Lim Do-woon