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(영문) 대전지방법원 2018.09.20 2018가합100629

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 248,826,754 and the interest rate of KRW 5% per annum from February 6, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The defendant is a person who has been engaged in trade intermediary business in Korea for 30 years abroad, and the plaintiff is a company that runs a building business in the United States.

B. On April 28, 2017, the Defendant was prosecuted for the following facts constituting a crime.

Around July 2016, the Defendant conspired with the members of the International Internet hacking Team in name B, etc., and confirmed the F’s e-mail address of the person in charge of trade belonging to the Plaintiff, who is the other party to the transaction, by hackinging the E-mail of the person in charge of trade belonging to the Plaintiff, which is the other party to the transaction. On or around the 29th of the same month, the Defendant sent a false e-mail to the above F to the effect that “the payment account for the transaction price changes to the national bank account (G) in the name of the Defendant, so that the payment account is sent to

From August 16, 2016 to September 26, 2016, the Defendant received KRW 248,826,754 in total from the Plaintiff to the above national bank account under the name of the Defendant.

Accordingly, the defendant, in sequence, conspired with the members of the International Internet hacking Fraudulent Team in order, acquired the plaintiff's property.

C. The court of first instance held on September 29, 2017.

The court of the second instance dismissed the above appeal on January 17, 2018, each of which was lodged by the prosecutor and the defendant, who found the defendant guilty of all the criminal facts set forth in the paragraph, and sentenced the defendant to imprisonment for a year and six months ( Daejeon District Court Decision 2017Da1687), and each of which was appealed by the prosecutor and the defendant.

(P) On March 23, 2018, the Supreme Court dismissed the Defendant’s appeal, and the said judgment became final and conclusive around that time.

(Supreme Court Decision 2018Do1905) / [Grounds for recognition] Gap 1, each entry, and the purport of the whole pleadings

2. We examine the judgment on the cause of the claim, and according to the above facts of recognition, the defendant deceivings the plaintiff to acquire KRW 248,826,754 from the plaintiff, and thus, barring any special circumstance, the above tort is committed against the plaintiff.