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(영문) 광주지방법원 2017.06.22 2015가단531797

손해배상(기)

Text

1. Defendant B’s 41,005,616 won and the interest rate of 15% per annum from March 20, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 16, 2015, Defendant B received a proposal that “B shall inform B of the current account number to which money would be deposited,” by telephone from a person in charge of overall control over the Chinese programming, and offer to B to withdraw the money deposited in the last account,” and Defendant B, despite being aware of the fact that his account would be used for telecommunications-based financial fraud, notified Defendant C’s bank account number under the name of the principal (hereinafter “Defendant bank”) after consenting to the said proposal, despite having known that his account would be used for telecommunications-based financial fraud.

B. On March 17, 2015, at a place not known to the public, a name-free person established a malicious program that requires the Financial Supervisory Service to enter financial information, such as the “Account Number, password, official certification number, and security card number,” which misrepresented the Plaintiff’s computer in the Plaintiff’s office for the purpose of telecommunications-based financial fraud, and then, the Plaintiff’s representative director D to enter the financial information related to the Defendant’s bank account (E) in the Plaintiff’s name by using the computer, and to find out the number generated from the Orth (OTP) by means of the computer, and then transferred the said information from the above account in the Plaintiff’s name to the above account in the Defendant’s name in the Plaintiff’s name in the same day.

C. D, having been aware of the same day as a loan relationship 13:47:52, 13:47:46 seconds from the Defendant bank’s cell phone (G), which was an employee in charge of the corporate loan business of the Defendant bank, sent the phone to four minutes and 46:4:0,000, and the Defendant bank notified of the same location to be promptly treated as an electrical financial and telecommunications fraud by providing an off-to-the-day number so that he/she could be informed of the same. Thus, even though he/she received education from the Defendant bank only through the two-stage number inputs, the number of the accident signal phone number (158-500) connected to the Defendant bank cannot be used for a long time while driving. However, D’s continuous request was made.