1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On May 12, 2014, at around 15:37, the Plaintiff: (a) entered the number and security card number in accordance with the direction of “the Seoul Court summons.” (b) the Plaintiff, who was falsely named the Seoul Court; (c) received the text text messages stating SCOUT.784284. COM; and (d) opened the relevant UR case by inserting the relevant URL; and (d) on June 2, 2014, entered the number and security card number in accordance with the direction.

On June 3, 2014, the name omittedist transferred KRW 5,99,470 from the Agricultural Bank Account (Account Number: I) in the name of the plaintiff to the Gwangju Bank Account (Account Number: L; hereinafter referred to as the “CY”) in the name of the defendant using the above financial information.

(hereinafter referred to as “the instant fraud”). (b)

In relation to the instant fraudulent act, the person who was unaware of the name was ordered to suspend indictment on November 28, 2014 on the ground of the suspected fact that “The person who was unaware of the name was in charge of taking property benefits equivalent to KRW 37,927,560 by entering information in the computer or any other data processing device without authority, thereby taking property benefits equivalent to the amount of KRW 37,927,560.”

C. Meanwhile, around the end of May 2014, the Defendant was investigated as the suspected fact that “In the event that the loan is likely to immediately be made because of low credit rating from the name-free person and then the head of the Tong and the card are sent, the Defendant would create the details of the passbook transaction and offer the loan to the next 10 days after the high credit rating, and then transferred the passbook and the e-mail card to the next 10 days, and was subject to a disposition on November 28, 2014.”

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 4 (including additional numbers), Eul's 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the head of the Tong and the card in this case will be used for the phishing criminal act, such as the fraud of this case, even though he could have sufficiently predicted that the head of the Tong and the card in this case will be transferred to the person who was named.