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.

1. Basic facts

A. On August 7, 2017, the Plaintiff received a telephone call that “if deposit is paid to the Credit Guarantee Foundation, it may obtain a loan of KRW 30 million.” On August 8, 2017, the Plaintiff wired KRW 3.60,000 to the E’s corporate bank account (F) in the name of E on-the-counter name.

B. On August 8, 2017, the Plaintiff received a telephone from the above person who was unaware of his name, stating that “a loan is possible to verify the ability to repay, and the principal and interest is transferred to the account in the name of the Defendant,” and transferred KRW 9.60,000 to the G bank account in the name of the Defendant on August 9, 2017.

C. On August 10, 2017, the Plaintiff received a telephone from the above person who was unaware of his/her name that “a credit rating must be paid to another credit guarantee foundation due to the low credit rating,” and remitted KRW 1,560,000 to the account of community credit cooperatives (J) in the name of I on August 10, 2017.

In order to obtain a loan, the Defendant was suspected of violating the Electronic Financial Transactions Act by transferring a physical card, which is the means of access to the said G bank account under the Defendant’s name, and was subject to suspension of indictment on November 20, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion was made by the defendant to transfer his account under the name of the defendant to the name of the defendant and to take part in the singing crime. Thus, the defendant is liable to compensate the plaintiff's property damage (= KRW 360,000,000, KRW 9660, KRW 1560,000) and KRW 3,880,000,000,000 for consolation money.

B. Determination 1) First of all, the fact that the Plaintiff deposited KRW 1920,000 into the account under E and I, rather than the account under the name of the Defendant, is without any evidence to prove that the Defendant participated in the criminal act of licensing 1920,000 won. 2) Next, Article 6(3)1 of the Electronic Financial Transactions Act as to the portion of KRW 960,000 deposited into the account under the name of the Defendant, such as a cash card, etc.