Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 26, 2015, the Defendant C was sentenced to imprisonment with prison labor for not less than eight months in the Seoul Southern District Court Decision 2015Kadan2238, and the judgment became final and conclusive.
Criminal facts are as follows:
On June 30, 2014, the Defendant made a false statement to the victim A (the Plaintiff in this case) by phone calls at a place where the location is unknown, and “If the Defendant borrowed money as it is necessary to manage the online server, he will pay the high interest rate and pay the money in a lump sum if it is well possible to do so.”
However, in fact, the Defendant did not have any ability or intent to complete payment even if he/she borrowed money from the victim because he/she had the intention to receive money from the victim from the beginning to do so on the illegal Internet gambling site.
Nevertheless, on June 30, 2014, the Defendant, who made a false statement to the victim and received 3 million won as a loan from the victim, in the name of loan B (Defendant in this case), from the bank account (Account Number D) in the name of the defendant in this case, and acquired 50,400,000 won in total over 16 times from around that time to December 27, 2014.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. Claim for damages against tort
A. The Plaintiff’s assertion 1) The Defendant’s bank account (hereinafter “instant account”) in committing the Defendant’s crime in C.
(ii) The Defendant is liable to compensate for damages of KRW 50,40,000,00,000,000,000,000, which is the means of access connected to the instant account, is subject to punishment in accordance with Article 49(4)2 of the Electronic Financial Transactions Act, since it was well known or known that it would be available, and it was possible to know that it would be available to C to use the instant account, and therefore, it is liable to compensate for damages of KRW 50,44,00,00,00,000,00,000,000,000,00
(b) judgment;