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(영문) 서울동부지방법원 2019.11.29 2019노876
횡령
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

(a) The complainant of mistake of facts has decided to make an investment in E by the introduction of the defendant, and for investment, after making the account on the above site, he must deposit it in the account as a bitcoin.

However, at the time, the complainant did not own bitcoin, and he did not know well about the virtual currency, so the defendant tried to substitute only the procedure.

Although opening the account in E does not enter the resident registration number or go through the identification process, the defendant created the E account for the complainant.

The account is “K”.

On December 20, 2017, the complainant transferred 6.5 million won to the Defendant’s F Bank account, and the Defendant purchased Bitcoin in L using this.

However, although the defendant tried to deposit Bitcoin in the above L L with E account of the complainant, at the time, it was limited to Coins' own entrance and withdrawal as a problem of the block chain network of the L Exchange at the time.

For this reason, the Defendant re-printed the co-purchase purchased on December 21, 2017, and received them from the F bank account in the name of the Defendant.

After that, the defendant again purchased Bitcoin through the M Exchange website and tried to deposit Bitcoin to the E account of the complainant.

However, in order to pay fees, 6.5 million won was not purchased as Bitcoin, but part of USD 1.160,000 deposited in E account in the name of the accused and H (A.1.60,000 won) and the remainder was 0.23041492 (A. 23,164,000 won per 1 coco) purchased from M Exchange at Mitcoin and deposited in Bitcoin E account except for fees to the complainant.

However, on December 22, 2017, the complainant requested the defendant to return the investment money in cash, and M. 0.28219343, bitco, which was in the account of the complainant E, is the defendant.

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