The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Daejeon District Court Panel Division.

The grounds of appeal are examined.

Article 760 (3) of the Civil Code imposes liability on the aidinger and abettinger for joint tort by deeming the aiding and abettinger as the joint tortfeasor.

Assistance refers to all direct and indirect acts that facilitate tort. Aiding and abetting by negligence is possible in the area of civil law in which negligence is the same as that of an intentional act, in principle, for the purpose of compensating for damages. In this case, the content of negligence refers to a violation of the duty of care on the premise that there is a duty of care not to assist a tort.

However, in order to impose liability for joint tort as an aiding and abetting by negligence on another person's tort, a proximate causal relationship is recognized between aiding and abetting act and the occurrence of damages by the victim's tort. In determining a proximate causal relationship, the reasonable causal relationship should be determined by comprehensively taking into account the predictability of the circumstances that facilitate the relevant tort by negligence, the impact of the damage caused by negligence on the victim's tort, the degree of contribution to the formation of the victim's trust, and whether the victim's own fault could prevent the damage easily.

(see, e.g., Supreme Court Decision 2013Da91597, Mar. 27, 2014). Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access used in electronic financial transactions, such as an electronic card or password, such as a cash card, and regulates a provision punishing the act of violation.

This is a system to prevent transparent transactions by making another person conduct electronic financial transactions in the name of the deposit owner and another person, and there is a need to punish them in order to ensure the stability and trust of electronic financial transactions.

However, electronic financial transactions are conducted.