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Relevant Legal Provisions
Article 184, Civil Code, Paragraph 1:Anyone who intentionally or negligently infringes upon another's rights shall be liable for damages. The same applies to anyone who intentionally causes harm to others in a manner contrary to good morals.
Article 185, Civil Code, Paragraph 1: If multiple people jointly unlawfully infringe upon another's rights, they shall be jointly and severally liable for damages. This also applies if it is impossible to identify who among them is the perpetrator.
Facts and Reasons
The defendant joined a fraudulent criminal organization as a "runner." Subsequently, members of the fraud group posed as customer service representatives from a phone platform, claiming that the system had been hacked and that the plaintiff's (i.e., our client's) credit card had been fraudulently charged. This led the plaintiff to be misled and transfer funds from their account to the bank accounts provided by the fraud group, which were later withdrawn entirely by the defendant.
Judgment
According to Article 184, Paragraph 1 of the Civil Code, anyone who intentionally or negligently infringes upon another's rights shall be liable for damages. The same applies to anyone who intentionally causes harm to others in a manner contrary to good morals. If multiple people jointly unlawfully infringe upon another's rights, they shall be jointly and severally liable for damages. This also applies if it is impossible to identify who among them is the perpetrator. These provisions are clearly stated in Articles 184, Paragraph 1 and 185, Paragraph 1 of the Civil Code.
Upon review, the facts claimed by the plaintiff are corroborated by the criminal judgment No. 930 of 113th year, criminal case of the criminal division of this court, which found that the defendant was involved in a joint fraud scheme with three or more individuals and sentenced to 1 year and 6 months in prison. This criminal judgment is available in the case file and has been confirmed as accurate by the court after reviewing the criminal case records.
In summary, the plaintiff's claim is based on the legal relationship of tort and requests the defendant to pay the relevant compensation amount until the settlement date, with interest calculated at an annual rate of 5%. This request is reasonable and should be granted.
(Note: To protect the client's interests, certain case details and judgment images have been redacted and modified. For a full review of the case, please refer to Judicial Yuan's judgment database)
Attorneys:Ian Yan、Ian Lee
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