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(영문) 서울남부지방법원 2017.10.20 2016가단32982

손해배상(기)

Text

1. As to Defendant C’s KRW 3,998,440, Defendant D’s KRW 700,000, and each of the said money, from May 30, 2016 to October 20, 2017.

Reasons

1. Basic facts

A. On May 30, 2016, around 10:30 on May 30, 2016, a person who was misrepresented as an investigator of the Seoul Central District Public Prosecutor’s Office E-, sent a phone call to another person who misrepresented as a F Prosecutor while necessary to verify facts because the Plaintiff’s account was used for a crime. The above person who misrepresented as a public prosecutor had access to the website of the public prosecutor’s office, led the Plaintiff to enter the Plaintiff’s name and resident registration number at the case inquiry center, leading the Plaintiff to enter the said information.

B. In order to prevent any further damage and to be suspected as a suspect of a related case, the Plaintiff, under the direction of the above-mentioned person under the name of the public prosecutor, misrepresented himself to transfer all the money deposited in the Plaintiff’s account to the account known to him, and transferred KRW 28 million to one bank account in the name of the Defendant B, and KRW 10 million in total to the Busan Bank account in the name of the Defendant C (Account Number: G), and KRW 1750,000,000 in total to the SP Bank account in the name of the Defendant D, respectively.

C. The money deposited in each of the above accounts in the name of the Defendants was most withdrawn by a person with no name, and currently transferred to the above account in Defendant C’s name, 30 million won out of 10 million won. D.

On May 26, 2016, Defendant C was issued a disposition of suspension of indictment on November 30, 2016 on the violation of the Electronic Financial Transactions Act by transferring the physical card and password connected to his/her own name to the Busan Bank account (other than the above account) to the person who was missing. On May 30, 2016, Defendant C was issued a disposition of suspension of indictment on the violation of the Electronic Financial Transactions Act on November 30, 2016. On May 30, 2016, Defendant C borrowed KRW 35 million on the condition that he/she borrowed KRW 35 million from his/her name in the front door of the office of identification of the Hansan Bank, Hansan District Bank, Busan, on the condition that he/she borrowed the above KRW 35 million from his/her name in the front door of the office of identification of the Bank, including each account described in paragraph (d), to another person.