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(영문) 창원지방법원 통영지원 2016.10.19 2016고단984

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of the transaction, and a password necessary to use such card shall be transferred to any third party.

Nevertheless, on February 2016, the Defendant did not confirm the specific personal information of, or the location of office of, a person in poor name, and without determining the specific time, place, and method for receiving the physical card from, the Defendant received KRW 3 million from, the said person. On February 2, 2016, at C convenience stores located in B commercial buildings at the end, Kwikset used Kwikset’s services to transfer the physical card linked to one’s own account of community credit cooperatives (Account Number: D).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a petition, a written statement or an application for account opening;

1. Relevant laws concerning criminal facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the means of access that the Defendant transferred is abused as a means of crime that causes serious damage to society, such as singing, etc., and in fact, the victim was born in the instant case and the Defendant did not appear to have obtained any profit.