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(영문) 수원지방법원 2012.05.24 2011나41281
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 18,00,000 against the Plaintiff and its related thereto are from January 21, 201 to May 24, 2012.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 6:

On January 201, 201, the Defendant opened an account (Account Number: E) with a national bank, and transferred the passbook and a cash card connected thereto to the person who was named.

(B) On July 29, 201, the original District Prosecutors' Office was suspended from indictment for violating the Electronic Financial Transactions Act.

On January 21, 2011, the Plaintiff collected money from a person who misrepresented the Agricultural Cooperative employee as a single head of a Tong and applied for Internet banking with money held by the said person under the direction of the said person due to the fact that he/she, “I want to help him/her withdraw from the Plaintiff’s passbook” from a person who misrepresented the said person as the said person, and then notified him/her of the password, security card number, etc.

C. On the same day, KRW 30,000,000, out of the money deposited by the Plaintiff’s passbook, was immediately withdrawn after being transferred to the above national bank account under the Defendant’s name.

2. The Defendant alleged to the Plaintiff by telephone with the same contents as seen in the above basic facts, and acquired 30 million won from the Plaintiff by deceit. The Defendant did not do so for home affairs.

Even if the defendant transferred the passbook, etc. to the person who committed the above crime and facilitate the above fraud.

Therefore, the defendant is liable for compensating the plaintiff for damages of KRW 30,000,00, which the plaintiff sustained as a result, since the defendant committed a tort against the plaintiff or by aiding and abetting the plaintiff.

3. Determination

A. (1) Whether the Defendant acquired the money directly from the Plaintiff or not, first of all, there is no evidence to acknowledge this.

(2) As to whether the Defendant aided and abetted the commission of fraud by a person who has not been killed in the name of the victim, assistance in joint tort is easy.

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