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(영문) 서울중앙지방법원 2015.07.01 2014나67590
부당이득금 반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On August 16, 2013, the Plaintiff received the phone call from the prosecutory investigator or prosecutor who misrepresented himself/herself to the prosecutory investigator or prosecutor, and confirmed that “the offender arresteded the financial fraud offender, and was using the passbook of the party. The entry of personal information and financial transaction information into the prosecutor’s office’s site was made by accessing the Internet site as the name was lost by the addressee at the end of the defective person’s name and entered the account number, password, and security card number.”

B. On August 16, 2013, using the Plaintiff’s personal information (financial transaction information) known by the aforementioned method, the nominal holder transferred KRW 5,970,710, totaling KRW 5,970,710 from the new bank account (C) in the name of the Plaintiff to the post office account in the name of the co-defendant D in the name of the first instance trial, and KRW 5,970,735, totaling KRW 5,970,735 to the Nong Bank account in the name of the co-defendant E in the name of the first instance trial, and KRW

(hereinafter “this case’s crime”). 【No dispute exists, entry of Gap’s evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant is liable to compensate the plaintiff for damages as stated in the purport of the claim, since he conspiredd or she aided the crime of this case by the following acts.

1) The Defendant transferred personal information, such as identification cards necessary for the establishment of a passbook, instead of obtaining a loan from a person who has lost his/her name due to his/her living conditions. 2) Even if the Defendant’s personal information was used for the instant crime due to the loss of his/her driver’s license, if the Defendant lost his/her driver’s license as above and did not report the loss or loss of his/her license for two years or more, it could be sufficiently anticipated that the Defendant’s personal information will be used for the foregoing crime.

B. Determination 1 that the Defendant transferred personal information, such as an identification card necessary for the establishment of a passbook, to a person who was unaware of the name.

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