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(영문) 서울행정법원 2019.03.22 2018구합54217
이의제기반려처분 취소의 소
Text

1. The Defendant’s disposition of return of the objection filed by the Plaintiff on January 31, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company running virtual currency trading business.

B. On November 28, 2017, pursuant to Article 4(1) of the Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss (hereinafter “Telecommunications Fraud Refund Act”), the Industrial Bank of Korea taken measures to suspend payment to the Bank Account B (hereinafter “instant First Account”) in the name of the Plaintiff, and to suspend payment to the Bank Account C (hereinafter “instant Second Account”) in the name of the Plaintiff on December 5, 2017.

(C) Each of the instant accounts, such as the above, is suspended from payment (hereinafter “the instant suspension of payment”).

The Defendant, as indicated below (hereinafter “instant table”), identified the money deposited into each of the instant accounts as the amount of telecommunications-based financial fraud damage that was remitted or transferred through the account in the name of a third party and the deposit account in the name of a third party (hereinafter “each of the instant deposit accounts”).

(B) The Defendant: (a) deposited each of the instant deposited accounts from each of the instant deposited accounts to each of the instant deposited accounts (hereinafter “instant deposited accounts”). Accordingly, the Defendant determined that both the instant deposited accounts and each of the instant deposited accounts were “the account used for fraud prior to the amount of loss caused by telecommunications-based financial fraud” (the latter part of Article 2 subparag. 4 of the Telecommunications Fraud Refund Act).

Plaintiff

Account deposit account means an account deposited in the Plaintiff’s account.

On June 11, 11:23:6,00,000,00 on November 6, 200 on June 11, 13:07 10,080,040,00 on November 6, 13:529,456,00 E on November 17, 17:3:317,820,000 on November 17, 17, 14:26,00,000 on November 26, 200, the aggregate of the savings accounts in this case: 13:35,4,840,000 on November 21, 200 on June 21, 201, 16:6:50,000,000 on June 6, 208, 2008;

D. Accordingly, the Defendant, pursuant to Article 5(2) and (3) of the Telecommunications Fraud Loss Refund Act, etc., shall be the first account of this case on December 8, 2017.

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