CONTENTS
- 1. The Client Who Sought a Gangneung Civil Litigation Attorney
- 2. The Electronic Financial Transactions Act, Explained by the Gangneung Civil Litigation Attorney
- 3. The Gangneung Civil Litigation Attorney Steps In to Defend the Client
- - Gangneung Loan Claim Attorney: "The Client Did Not Have Sufficient Prior Knowledge"
- - Gangneung Loan Claim Attorney: "The Client Did Not Participate in the Fraud Offense"
- 4. The Judgment the Gangneung Civil Litigation Attorney Obtained for the Client
1. The Client Who Sought a Gangneung Civil Litigation Attorney
The client who sought the Gangneung civil litigation attorney explained that they had been sued in a civil action for damages.
The client requested a defense, asserting that they had no obligation to compensate for the loss. The client's account was as follows.
The client had left a company they had worked at for several years. Having usually used the company dormitory, the client needed to find a place to live alone.
For this purpose, the client looked into a loan, but because they were unemployed, the loan was not approved.
In the meantime, the client came across a loan brokerage website and sent a message, and a Team Leader A replied.
Team Leader A stated that approval would be difficult without employment, and offered to help by creating proof of income so the loan could be approved if the client provided their personal information.
The client accordingly provided their account number, password, resident registration number, and other details. Team Leader A warned that the client must not check the account until the loan was approved, and that checking it could delay the approval.
The client therefore deleted the banking application itself. The client later received contact from the police stating that an investigation was needed on suspicion of a violation of the Electronic Financial Transactions Act.
The client's account had been used in a fraud offense. It was only after receiving contact from the police that the client learned their account had been used by an unidentified person as an account for receiving funds obtained by fraud.
The client needed assistance with a defense, because a victim who had been defrauded by the unidentified person had filed a lawsuit claiming that the client was also an accomplice and demanding compensation of approximately 7 million won.
2. The Electronic Financial Transactions Act, Explained by the Gangneung Civil Litigation Attorney
The client of the Gangneung civil litigation attorney had received contact from the police stating that an investigation was needed on suspicion of a 🔗violation of the Electronic Financial Transactions Act.
Electronic Financial Transactions Act, Article 6 (Selection, Use, and Management of Access Media)
3. Lending or borrowing access media, or keeping, delivering, or distributing them, for the purpose of using them in a crime or while knowing that they will be used in a crime
Under the Electronic Financial Transactions Act, transferring or acquiring access media is strictly prohibited.
Here, access media refers to electronic cards, electronic information, user numbers, a user's biometric information, passwords, and the like that are used in electronic financial transactions.
Electronic Financial Transactions Act, Article 49 (Penalty Provisions)
2. A person who, in violation of Article 6 (3) 2 or 3, borrows or lends access media, or keeps, delivers, or distributes them
The client explained that, having violated the Electronic Financial Transactions Act, they had been sentenced under the above provisions to a fine of 2 million won.
3. The Gangneung Civil Litigation Attorney Steps In to Defend the Client
The client requested a defense in the civil action, saying that it was already unfair to have been sentenced to a fine despite having no intent, and that they could not also pay damages.
The Gangneung loan claim attorney mounted a defense for the client as follows.
Gangneung Loan Claim Attorney: "The Client Did Not Have Sufficient Prior Knowledge"
The Gangneung loan claim attorney emphasized that, because the client had spent their school years abroad, they did not have sufficient prior knowledge of domestic loan procedures.
The client knew nothing at all about the methods of voice phishing fraud offenses, and so could not even have imagined that their bank account would be used in a crime in this case.
Gangneung Loan Claim Attorney: "The Client Did Not Participate in the Fraud Offense"
The Gangneung loan claim attorney emphasized that the client did not participate in the voice phishing fraud offense.
The client was merely sentenced to a fine for having lent their access medium, and was never booked or punished at all in connection with the voice phishing fraud offense.
From this, it can be seen that the client did not recognize or foresee in any way that their access medium would be used in the voice phishing fraud offense.
4. The Judgment the Gangneung Civil Litigation Attorney Obtained for the Client
After hearing the Gangneung civil litigation attorney's submissions, the court issued the following judgment.
2. The costs of the litigation shall be borne by the plaintiff.
The Gangneung loan claim attorney secured a judgment defending against the entire amount claimed by the plaintiff in the client's case and having all of the litigation costs borne by the plaintiff as well.
If you, like the client, are in a situation where you unfairly face having to pay damages and need a defense, you may at any time obtain a 🔗attorney referral and request assistance with your case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
