The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. On March 25, 2019, the Plaintiff received text messages, “928,00 won,” from a person who was named in the name of the Plaintiff, and called via the phone number. The person who was named in the name of the Plaintiff was in the process of investigation by misrepresenting himself/herself to the investigative agency and misrepresenting him/her with the investigation agency. As required for the investigation, the Plaintiff sent a credit card photograph to the offender, and if he/she is informed of the Internet banking password, he/she would be using the Internet banking identification number and have no damage to the Plaintiff. Installation of a security program.”

B. Accordingly, the Plaintiff installed a remote control program on the cell phone in accordance with the direction of the person without his name, and sent the Plaintiff’s credit card front and rear image to the person without name, and the person without name transferred the Plaintiff’s cell phone from C account in the name of the Plaintiff to the account in the name of the Defendant by means of remote adjustment of the Plaintiff’s program installed in the Plaintiff’s cell phone, and KRW 88,300,000, totaling KRW 43,300,000 from D account.

C. Meanwhile, around March 2019, the Defendant would offer 1% of the commission to purchase and deliver virtual currency as the price for the goods remitted by the purchaser to purchase goods through virtual currency from a person who assumes a false position as an employee of an electronic commerce company (hereinafter “E”) in the name of “F” (hereinafter “one name F”).

‘The proposal received and consented to it, and then purchased bitcos equivalent to KRW 42,867,00 and KRW 44,550,00 in the virtual currency Exchange, and then transferred the said bitcos to the account designated by F. D.

On October 7, 2019, the Plaintiff was refunded KRW 9,685,602, out of the amount remaining in the Defendant account by a stock company C pursuant to a special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Loss.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, Eul evidence 2, 3, 5, 11 (including each number), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The defendant is due to the singishing crime of the money transferred by the plaintiff.