부당이득반환
The part of the judgment below against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Northern District Court.
The grounds of appeal are examined.
1. The court below acknowledged that the defendant transferred a passbook and a cash card under the name of the defendant to a person who was unaware of his name for the purpose of obtaining a loan, while recognizing that the defendant had widely known that the crime of this case, such as the telephone financial fraud, occurred across the country and the crime of this case, can be used in the case of transfer or delivery to a third party, and thus, the defendant could have sufficiently predicted that the passbook and the card can be used in the crime of telephone financial fraud at the time of delivering the passbook and the card to a person whose identity has not been verified, in light of the circumstances that the above passbook and the card could have been used in the crime of telephone financial fraud, even if the defendant did not actively participate in the crime of this case, the court below held that the defendant was liable for aiding and abetting the above crime by providing the means of access to the person who was unaware of his name, thereby
2. However, according to the records, the defendant can be viewed as the victim who transferred the passbook and the card for the purpose of obtaining a loan by deceiving the end of the person who was not the name of the person who was not the victim, and the defendant received any consideration in relation thereto.
There is no data that permits the use of the above passbook and card for the defendant beyond the purpose of lending for the defendant.
Therefore, in order to impose the Defendant liable for negligent aiding and abetting by recognizing the proximate causal relationship between the passbook and the instant telephone financial fraud crime in this case, it is insufficient to say that the Defendant transferred the passbook and the card to the person who was unaware of the name, and that when the Defendant transferred the passbook and the card to the person who was unaware of the name, the transaction corresponding to the above crime, such as the above crime, was conducted using the passbook and the card, and the above passbook and the card, are easy to commit the tort.