(영문) 수원지방법원성남지원 2020.08.20 2019가단10155

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(영문) 수원지방법원성남지원 2020.08.20 2019가단10155

손해배상(기)

Text

1. The Defendant’s KRW 10,200,000 as well as 5% per annum from October 25, 2019 to August 20, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On April 15, 2019, the Plaintiff, while misrepresenting the police officer and the staff of the Financial Supervisory Service, notified the Plaintiff of the passwords, such as the Plaintiff’s bank account number and credit card number, and passwords, at the end of the bearer, that the bank account in the Plaintiff’s name was likely to have been used for a crime through a large passbook, and the Nonparty wired KRW 15,000,000 from the Plaintiff’s account to the Defendant’s account using financial information provided by the Plaintiff, and the Nonparty wired KRW 19,00,000 from the Plaintiff’s account to the Defendant’s account under the name of the Plaintiff.

B. On the other hand, around April 5, 2019, the Defendant: (a) heard the horses of the person who received a mobile phone text message that he/she would give 1% a commission if he/she purchases virtual currency on behalf of the person with no personal identity; and (b) contacted the person with no personal name to the person with no personal name; and (c) opened an account under the Defendant’s name by accessing the Plaintiff’s account from the Plaintiff to C, a virtual currency transaction site; (d) purchased the instant virtual currency transfer money as the damage amount; and (e) sent the said money to the electronic wall address that the person with no personal name notified; and (e) received 650,000 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion made it easy for the plaintiff to commit the crime of fraud by transmitting the money transferred from the plaintiff to the address designated by the person who was unable to purchase virtual currency at KRW 34,00,000, while he knew or could have known that the money transferred from the plaintiff was deposited by the crime of Bophishing. The above defendant's act constitutes joint tort or aiding and abetting tort.

Therefore, the defendant should compensate the plaintiff for damages of KRW 34,00,000 and damages for delay.

B. Article 760(3) of the Civil Act, which has arisen, aids and abets tort.

참조조문

-민법 제760조 제3항

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