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(영문) 서울중앙지방법원 2016.01.12 2015나53703
손해배상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 18, 2007, the Plaintiff opened the instant deposit account (B) in the Defendant Bank and issued an OTP terminal to use the Internet banking service.

B. On October 21, 2014, the Plaintiff entered his/her resident registration number, name, account number, etc. by accessing the false website of the Seoul Central District Prosecutors’ Office at the end that “The fact that the Marcar Park Park was deposited in the Plaintiff’s account during the investigation.” The Plaintiff’s current website of the Public Prosecutor’s Office, which is now directed, entered the Plaintiff’s resident registration number, name, account number, etc., by accessing the Plaintiff’s false website.”

C. From October 21, 2014 to 12:19 on October 21, 2014, the person who was unaware of name had the Plaintiff’s authorized certificate reissued, and deposited the total amount of KRW 9,91,000 from the instant account four times and transferred it to C’s account.

(hereinafter “instant accident”). 【No dispute exists, Gap’s evidence Nos. 2, 5, Eul’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff entered only personal information at the time of the instant accident, and did not provide financial information, such as the account number and password of the OTP device, and that the Plaintiff committed the above crimes after obtaining the Plaintiff’s financial information by means of hacking, etc., and re-issuance of an authorized certificate.

The instant accident constitutes an accident under Article 9(1)1 of the Electronic Financial Transactions Act, i.e., an accident caused by the forgery or alteration of the means of access, and thus, the Defendant is liable to compensate the Plaintiff for damages as stated in the purport of the claim.

B. The following circumstances, which are acknowledged as comprehensively taking account of the descriptions of No. 5 and the overall purport of the pleadings, are the Plaintiff’s resident registration number, name, account number, etc. on the following day of the instant accident at the public prosecutor’s office site

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