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(영문) 제주지방법원 2019.01.28 2018고단1082

전자금융거래법위반

Text

The defendant shall be innocent.

Reasons

1. No summary of the facts charged may be transferred a means of access used for electronic financial transactions;

Nevertheless, on November 15, 2017, from around December 1, 2017 to around December 1, 2017, the Defendant issued a physical card connected to the bank account (C) under the name of the Defendant to a person who was not aware of his/her name at a place where the location cannot be known, and notified him/her of the password of the physical card.

Accordingly, the Defendant transferred the means of access to electronic finance to another person.

2. The defendant asserts that he loses a personal identification card with his identification number and that he did not transfer it to any person.

There are evidence corresponding to the above facts charged, such as a written statement of the police against D, a certificate of transaction by account transfer of damaged money, a suspect's mobile phone photographic photographics, and an investigation report (data of transaction by suspect account).

According to the evidence above, the defendant's account was deposited in KRW 15 million on December 1, 2017, and the money was immediately deposited in cash. The defendant sent a text message to the defendant from November 7, 2017 to November 29, 2017 that he/she would pay the money if he/she leased the account from E to E, and the defendant sent the phone after receiving a text message to the effect that he/she would pay the money if he/she leased the account from E., and the fact that the defendant provided a loan with a person who called as the person in charge of the FJS Bank Customer Center, but the fact that the defendant directly transferred the cack card and password to the Y. However, it cannot be recognized that the defendant directly transferred the cack card and password.

There is no other evidence to prove the facts charged without any reasonable doubt.

3. According to the conclusion, since the facts charged in this case constitutes a case where there is no proof of crime, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is not publicly announced pursuant to the proviso of Article 58(2) of the Criminal