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(영문) 의정부지방법원 고양지원 2020.06.11 2020고정230
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of the instant case is prohibited from transferring the means of access used for electronic financial transactions. On August 22, 2019, the Defendant, at around 10:00, called “B employee C. If the Defendant sent the lending principal and interest to the Defendant, 16,000,000 won will be loaned.” On August 23, 2019, at the Defendant’s residence located in Mapopo-si, Pwipo-si, as ordered by the above ind’s name, transferred one check card connected to the Defendant’s bank account under the name of the Defendant, and transferred the means of access to financial institutions by providing Kwipo-si’s cell phone with the personal identification number to the above indic phone.

2. The evidence presented by the Prosecutor alone is insufficient to recognize that the Defendant transferred a e-mail card as stated in the facts charged, and there is no other evidence to acknowledge it.

Therefore, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, is acquitted under the latter part of Article 325.

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