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(영문) 창원지방법원진주지원 2014.11.13 2014가단2873

손해배상(기)

Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 3,233,200, and each of the above amounts, from September 26, 2013 to September 2014.

Reasons

1. Facts of recognition;

A. On September 25, 2013, the Plaintiff sent a registration “ [court] from a person who has no name, but failed to deliver.” The Plaintiff transmitted the word “D” and charactered it.

On the next day, the plaintiff's smartphones were operated for the purpose of strengthening financial security, and the plaintiff requested the entry of 2 forms of security cards, transfer passwords, certification numbers, etc. under the pretext of strengthening security.

However, the above message is a hacking message sent by the unsatisfed person, and the plaintiff was accused and carried out a hacking program.

B. The above bearers transferred total of KRW 18,748,00 from the NAC account in the name of the Plaintiff via hacking program to two of the NAC account in the name of the Plaintiff, and KRW 18,748,000, using information related to the Plaintiff’s account that was obtained by deceiving the Plaintiff through hacking program as above, and transferred KRW 8,083,00 in total to two of the post office accounts in the name of the Defendant C.

After such transfer was made, the amount was deposited from the passbook in the name of the second Defendants to the passbook of a third party.

C. As above, the Plaintiff knew of the damage caused by Internet banking hacking and reported the damage to the police station. Defendant C opened two post-office accounts under his own name and recognized that he transferred the passbook, password, physical card, Internet security card, etc. to a third party, a summary order of KRW 2,00,000 ( Daejeon District Court Decision 2014 High Court Decision 2062) was notified.

On the other hand, Defendant B asserted that he lost the passbook account in his name at the police investigation stage, but it was difficult for the police to prove suspicion and made a disposition to pay for it.

【Non-contentious facts, Gap's statements (including numbers in each documentary evidence; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

(a) the basis for the occurrence of responsibility (1) Civil Code causing damages to another person jointly by several persons;

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