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(영문) 수원지방법원 2015.06.25 2014가단55938

손해배상청구

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 12, 2014, the Plaintiff entered the Plaintiff’s name, resident registration number, first bank account number, password, and bank account transfer identification number in the name of the Plaintiff, and subsequently, entered the Plaintiff’s name, resident registration number, Plaintiff’s first bank account number, password, and bank account transfer identification number in the name of the Plaintiff at the time of gambling by stealing the name of the party in connection with the case of gambling. The Plaintiff received a phone call from a person under the name of the Seoul Central District Prosecutor’s Office, stating that “the name of the party was stolen and used at the time of gambling.”

B. Accordingly, from the Plaintiff’s Japanese bank account to Defendant B’s modern securities account, KRW 6,00,000 was transferred to the Plaintiff’s Japanese bank account; KRW 5,890,000 to the Suwon Bank account in Defendant C’s name; KRW 4,800,000 to the post office account in Defendant D’s name; KRW 5,970,000 to the national bank account in Defendant E’s name; and KRW 5,950,00 to the credit union account in Defendant F’s name.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings as a result of the submission of each financial transaction information to the Ulsan Credit Union of this Court, Hyundai Securities Co., Ltd., Postal Information Center Director, National Bank, and Suhyup Bank

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the defendants could have sufficiently predicted that each of the bankbooks in the name of the defendants was used for criminal acts such as Bophishing. However, since the defendants transferred each of the passbooks in the name of the defendants to a person in the name of the defendants, the defendants aiding and abetting the defendants to commit the crime of fraud by a person in the name of the defendants.

Therefore, the Defendants are obligated to pay the Plaintiff the money stated in the claim as damages.

(b) means of access on the market;