Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

A. On June 1, 2018, the Defendant: (a) heard that he/she would give a loan by manipulating credit ratings from a name-free person; and (b) transferred the means of electronic financial transactions by delivering a physical card connected to the Defendant’s bank account to the name-free person on condition that he/she would pay 5% of the loan fee when the loan becomes a sex; and (c) informing the Defendant of the password by telephone.

The Defendant was sentenced to suspension of indictment on August 6, 2018 from the Suwon District Prosecutors' Office due to the foregoing violations of the Electronic Financial Transactions Act.

B. On June 1, 2018, the Plaintiff transferred KRW 3 million to the bank account in the name of the Defendant designated by the person who was unable to receive a call from the person who was unaware of the name of the singishing operator who misrepresented with the employees of the financial institution.

The co-defendant C of the first instance trial, in collusion with the above-mentioned persons, withdrawn KRW 3 million deposited in the defendant's name account by using the defendant's physical check and transferred it to the non-indicted account directed by the deceased.

C was prosecuted by fraud, violation of the Electronic Financial Transactions Act, including the above criminal facts, and sentenced to three years of imprisonment.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Since there are frequent cases where the Plaintiff’s assertion cream cards were used for the scaming crime, and media reports related thereto were widely made, the Defendant could have sufficiently predicted that the cream card can be used for the scaming crime in a case where the Defendant transfers the cream card connected to his account to another person.

Therefore, the defendant is jointly and severally liable for tort as an aiding and abetting by intention or negligence with C.

3. Determination

(a) If an electronic financial transaction has been made through the means of access, the legal effect of such electronic financial transaction exceeds the burden of the holder of the means of access.