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(영문) 수원지방법원안양지원 2014.08.13 2013가단28313

손해배상(기)

Text

1. As to the Plaintiff, Defendant B, C, and D respectively KRW 3,00,000, Defendant E, and F, respectively, and each of the above amounts.

Reasons

1. Basic facts

A. On September 11, 2013, the Plaintiff: (a) obtained a bank’s security card in order to prevent any damage caused by the Plaintiff’s personal information exposed to the Plaintiff’s name; (b) borrowed KRW 30,00,000 from the bank to the agricultural bank account under the Plaintiff’s name; and (c) performed as ordered by the Plaintiff’s order, and then, (d) received a statement from the Plaintiff’s agricultural bank account to the Defendant’s account; (b) received a statement from the Plaintiff’s name omitted; (c) received a statement from the Plaintiff’s name omitted; (d) received a transfer of KRW 6,00,000 from the Plaintiff’s agricultural bank account; (e) the Defendant’s name omitted; (e) the account under the name of the Defendant C (CF); (e) the account under the name of the Defendant E (CF); (e) the Defendant’s account under the name of the Defendant F (CF) and the Defendant F’s account.

B. Defendant B, C, and D delivered the passbook and cash card of the said account to the person who was named in the name of the account for the purpose of obtaining a loan around the above time.

[Ground of recognition] The fact that there is no dispute, Gap evidence No. 1, No. 1, this court's Nonghyup Bank, Korean bank's response to an order to submit financial transaction information, the purport of the whole pleadings.

2. Determination as to the cause of claim

A. Since Defendant B, C, and D participated in the fraudulent conduct of Defendant B, C, and D, the Plaintiff sought damages equivalent to KRW 6,000,000 against each of the above Defendants, which are the money obtained by deceit of a person who has not been killed in the name.

In light of the fact that the transfer and acquisition of passbooks, cash cards, etc., which are the means of access to electronic financing under the Electronic Financial Transactions Act, is prohibited, and the so-called “Singing” financial fraud act is crossing across the country, and where the means of access is transferred, the reality that is used for the electronic financial fraud act is widely known, even if Defendant B, C, and D conspired with the person in whose name they were not registered, or did not actively participate in the aforementioned telephone financial fraud act by the person in whose name they were not registered, it is prohibited from transfer.