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(영문) 전주지방법원 2015.05.22 2014가단21504
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. On September 3, 2013, the Plaintiff entered all of the Plaintiff’s personal information, the Nong Bank’s account number, password, and security card numbers according to the publicly notified matters by accessing the processed Nong Bank’s Internet banking site, which was established on the Plaintiff’s computer.

B. On September 4, 2013, a person under whose name the Plaintiff acquired personal information, transferred KRW 16,520,000 to the account of community credit cooperatives under Defendant B’s name, and KRW 6,270,000 to the account of community credit cooperatives under Defendant C’s name, and KRW 1,230,000 from another agricultural cooperative account under the Plaintiff’s name to the account of community credit cooperatives under Defendant D’s name, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Defendants asserted that the Plaintiff’s assertion provided the above bank account under their name to the person who was not the party to the name, thereby facilitating and aiding the above illegal acts of the person who was not the party to the name, and thus, are liable to compensate the Plaintiff for the damages incurred as joint

B. First of all, there is no evidence to prove that the Defendants intentionally aided and abetted the above illegal act by the person who did not receive the name, at the time of providing the bank account under their names to the person who did not know.

Next, the Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access in an electronic financial transaction, such as an electronic card or password, such as a cash card, and provides punishment for such violation. This is to ensure the stability and trust of an electronic financial transaction by preventing transparent transactions by a person to whom a means of access is transferred from being engaged in an electronic financial transaction in the name of a depositor.

However, since the purpose of electronic financial transactions or the contents of individual transactions are diverse, the means of access shall be transferred.

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