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(영문) 수원지방법원 2016.07.08 2015고정3335
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. Around December 8, 2014, the Defendant: (a) transferred one copy of a passbook, a e-mail card, and a password to the bearer of the name of the Defendant’s bank account (C; hereinafter “instant account”); and (b) around December 8, 2014, to the bearer of the name.

2. The defendant's assertion that he/she will receive and offer a loan to his/her birth together D (195's birth).

The author argues that the account of this case was opened and entrusted, and that there was no fact that the name was transferred to the person in terms of trust.

3. According to the evidence submitted by the judgment prosecutor, the following can be acknowledged: (a) the Defendant opened a new account at the Bank around 15:50 on December 8, 2014; and (b) the Defendant, from the morning on December 8, 2014, by deceiving E by typical method, from around 19:02, by deceiving E from the E account to the instant account, by remitting KRW 6 million.

In addition, the defendant did not know about the above personal information and contact point of D and did not set accurate loan conditions or the method of returning the passbook, and did not make efforts to find the passbook, etc. after the contact with D was cut off.

statement.

However, the following circumstances revealed according to the records, i.e., the Defendant: (a) issued a certified copy of each resident registration on November 27, 2014 and December 8, 2014; and (b) obtained a certificate of a seal imprint on December 10, 2014 (as stated in subparagraph 1 of the certificate); (c) such fact that D will receive loans around that time.

In light of the defendant's age, career, living environment, etc., it is consistent with the defendant's statement that he/she failed to obtain documents, such as a certified copy of resident registration necessary for the loan with the head of the Tong, etc., and the defendant's age, career, living environment, etc.

If there is a possibility that the account, etc. has been trusted and delivered, and ③ the defendant is particularly required to open the account of this case and to receive documents such as a certified copy of resident registration.

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