Tricked by Voice Phishing into a 90 Million Won Loan... Supreme Court: "Valid if Multiple Identity Verifications Were Conducted"
In a case where a person suffered loan damage after their identity was stolen through voice phishing, the Supreme Court has ruled that the loan remains valid if the bank conducted multiple identity verification procedures during the loan process.
The Supreme Court's second division (Presiding Justice Eom Sangpil) recently announced on the 15th that it has upheld the lower court's ruling against the plaintiff in a lawsuit filed by voice phishing victim A against a savings bank, seeking confirmation of non-existence of debt.
In July 2022, A received a message from a voice phishing criminal impersonating her daughter, saying, "Mom, it's me. My phone is not working, so I'm texting you from a temporary number. I can't make calls, so please add me on KakaoTalk with this number and message me." Following the request, A sent a photo of her driver's license, her account number, and password, and also installed a remote control application on her mobile phone.
The voice phishing criminal used this information to open a non-face-to-face account at a savings bank under A's name and took out a loan of 90 million won. During this process, the savings bank conducted multiple verification steps, including submission of a driver's license photo, sending 1 won to an account at another financial institution and confirming the authentication code, mobile phone identity verification, credit information inquiry, and A's electronic signature. However, A filed a lawsuit, claiming that "the contract is invalid because an unidentified third party used my identity."
The main issue was whether the savings bank's non-face-to-face real-name verification procedures were appropriate. The first trial ruled in favor of A, stating, "Since the driver's license photo submitted to the bank was not taken directly from the original, it cannot be recognized that proper identity verification was performed." However, the appellate court reversed this, ruling, "There is no reason to require that only ID photos taken on the spot must be submitted in non-face-to-face transactions," and that "the bank's identity verification procedures were appropriate."
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The Supreme Court also found no fault with the appellate court's decision and dismissed the appeal. The Supreme Court stated, "It can be evaluated that the defendant made every effort to confirm that the loan application was made according to the plaintiff's intention by using multiple authentication methods in parallel." The court also said, "Given the characteristics of the procedure for verifying the authenticity of a driver's license photo file submitted non-face-to-face, there is little difference between submitting a file taken directly from the original and submitting a previously taken file."
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