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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. The Defendant paid the price from the person who was named in the name of the Defendant, and delivered the passbook, etc. to the person who was named in the name of the Defendant.
B. On March 5, 2013, the Plaintiff received a telephone call that “the credit card security card was exposed to another person, and thus notified that he/she made a large passbook,” and entered the No.C. number, password, and security card information in the name of the Plaintiff on the website of the Seoul Metropolitan District Prosecutors’ Office.”
C. On the same day, the person who was named as the cause of the organization of the Telephone Financial Fraud Group transferred KRW 6,011,392 from the Agricultural Cooperative Account in the Plaintiff’s name to the Agricultural Cooperative Account in the said Defendant’s name, using the information entered by the Plaintiff as above.
C was sentenced on May 9, 2014 to two years and six months, and the judgment became final and conclusive around that time, in collusion with the aforementioned telephone financial fraud group, on the ground of the crime of fraud by use, such as computer, etc., with the purport that the Plaintiff acquired property benefits equivalent to KRW 6 million from the Plaintiff under the above manual.
(No. 2014No. 3). 【Ground for Recognition】 Each entry in the evidence No. 1 to 4, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) In the case of a joint tort under Article 760 of the Civil Act where several legal persons jointly inflict damages on another person, if the joint tort is objectively related to the joint tort without mutual recognition among the actors, as well as the joint tort under Article 760 of the Civil Act. The joint tort is established by causing damages from the pertinent joint act (see Supreme Court Decision 2005Da47014, 47021, 47038, Jan. 26, 2006). Meanwhile, aiding and abetting under Article 760(3) of the Civil Act refers to all direct and indirect acts that facilitate the tort, and is for the purpose of compensating for damages, contrary to the Criminal Act.