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(영문) 수원지방법원 2020.12.17 2019가합25427
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 2018, the Defendants sent a copy, etc. of the passbook opened in their own name to the instant Bophishing criminal, following the end of Bophishing (hereinafter “instant Bophishing criminal”) under which it is impossible to identify that the Defendants would make a loan by creating transaction performance.

B. On September 17, 2018, the instant Bophishing crime 1) misrepresented the investigative agency on the part of September 17, 2018 to the Plaintiff that “if the Plaintiff transfers money in the said account to a safe account because personal information was leaked and the money in the Plaintiff’s account was leaked, it would be returned after confirming it.” 2) On the part of the aforementioned false statement, the Plaintiff transferred KRW 132,00,000 in total to the Defendant B’s account on September 17, 2018, and KRW 51,000,000 in total to the Defendant C’s account, and KRW 52,00,000 in Defendant D’s account, respectively.

(hereinafter “this case’s Bosing crime”). (c)

The Defendants were at the end of the Defendant’s crime of Bophishing, that the Defendants withdrawn the money deposited in their accounts, and that “it is necessary to secure the loan” to the instant Bophishing criminal.

B. (2) As referred to in paragraph (2), the Plaintiff withdrawn the money that the Plaintiff remitted to its account in cash and gave it to the instant Bosing criminal, respectively (Defendant B’s above 132,000,000 won, Defendant C’s above 40,000,000 won out of the above 51,000,000 won, and Defendant D’s 52,000,000 won out of the above 52,00,000 won.

As a result of the investigation against the Defendants, the Plaintiff is the Defendants.

paragraphs (c) and (c)

As stated in the same paragraph, the Plaintiff sent a copy of the passbook to the Bosing criminal, etc., and then appealed the money that the Plaintiff remitted to his account, and filed a complaint against each of the instant Bosing criminal for the purpose of aiding and abetting fraud.

However, the prosecutor belonging to the Suwon District Prosecutors' Office has committed the fraud of the Defendant.

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