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(영문) 서울남부지방법원 2019.07.25 2018가단18836
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On May 28, 2018, the Plaintiff received a telephone from a police officer and a person who was unaware of the name who misrepresented with the prosecutor on May 28, 2018. The Plaintiff stated that “the above name-free person was released information under his/her name and the card was leaked to 120 million won, and the card was leaked to a foreign country. It is necessary to inquire the Plaintiff whether the passbook was issued by him/her or not.”

B. On May 28, 2018, the Plaintiff deposited KRW 40 million in the company bank account (Account Number D) in Defendant B’s name on May 28, 2018, and KRW 60 million in the account of Defendant C’s E bank account (Account NumberF) around 14:26 on the same day.

(c) KRW 40 million transferred to the account of Defendant B was transferred to the E bank account (Account Number H) in G on the same day and was transferred to the virtual account (Account Number I) in G’s name.

On May 26, 2018, at around 19:46, the Plaintiff reported to the Seoul Yeongdeungpo Police Station the fact that the damage caused by the phishing was caused by the phishing crime.

E. On May 26, 2018, Defendant B received an investigation (Seoul Southern District Prosecutors’ Office 2018 type No. 3333) on suspicion of violating the Electronic Financial Transactions Act, stating that “In order to make a Masp passbook from a person without his/her name, he/she heard the speech that it is necessary to make a Maspbook from a person without his/her name, and that he/she sent an OTP card connected to his/her own bank account (Account Number D) and transferred the means of access by telephone.” On July 6, 2018, Defendant B received an investigation (Seoul Southern District Prosecutors’ Office 2018 type No. 3333) on suspicion of having violated the Electronic Financial Transactions Act, and it is difficult to view that there was an intention to commit the transfer, and it is also difficult to view that there was an intention to commit the transfer.”

F. Defendant C shall meet and deliver Ma, which is a cash collection book, an amount of KRW 60,000,000, which entered his account, thereby facilitating his fraud.

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