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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.06.09 2015가단5339289
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an electronic financial transaction liability insurance contract with the KB National Bank (hereinafter “National Bank”), and the Defendant is a telecommunications business operator who engages in mobile communications business, Internet telephone service business, etc.

B. On January 16, 2015, between 05:24:31 and 07:29:58, there was an accident in which the transfer of KRW 6,100,000 from the deposit account of the Korean Bank C to the account of the Korean Bank D; KRW 2,990,000 from the account of the Korean Bank D; KRW 6,150,000 from the account of the Korean Bank 8091020149371 to the account of the Korean Bank E; KRW 6,200,000 from January 16, 2015 to the account of the Korean Bank F; KRW 2,91,000 from the Korean Bank D; KRW 1,70,000 from the account of the Korean Bank D; and KRW 26,131,000 from the account of the Korean Bank D to the account of the Korean Bank.

C. A, while meeting the balance on the same day, discovered the above illegal transfer, received the accident from the National Bank Call Center, and reported the accident to the Namyang Police Station.

As a result of the investigation conducted by the investigative agency, after investigating the personal information of A (resident registration number, house address, house number, and house phone number) and financial information (personal identification certificate, password, and security card check) of A were hackinged, the illegal transfer was conducted by means of remote control of domestic intermediate IP using IP located in China. A is a crime that illegally uses personal information, financial information was not provided or leaked to others, and used it through Bophish Pishing phone.

B. The term "Phming" means a method by which users have access to a fake web page by entering an accurate web page address at his/her web slaber and then steals personal information, financial information, etc.

It was found that the fraud was not proper.

E. Meanwhile, on the same day before the above improper transfer is made, the person under whose name the call was made by the Defendant Company at around 04:27.

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