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(영문) 대구지방법원 2015.07.24 2015고정696

전자금융거래법위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic identification card and a password necessary for using information on any electronic financial transaction used to issue a transaction request or to secure the authenticity and accuracy of users and details of the transaction shall be transferred to any third party in electronic financial transactions of "2015 Go-Ma696" and "2015 Go-Ma1031".

1. Defendant A did not verify the specific personal information of, or the location of the office of, a person who was not entitled to receive a cash card, and without determining the specific time, place, and method of receiving a cash card, Defendant A transferred the cash card, etc. that is linked to the account under his/her name to the account of the said person via the door-to-door-to-door E office located in Daegu Dong-gu, Daegu Dong-gu, at around 17:40 on May 15, 2014.

2. Defendant B did not verify the specific personal information of, or the location of office of, a person who has failed to obtain a name, received 60,000 won from the person who has failed to obtain a cash card without determining the specific time, place, and method of return, and transferred the means of access to cash cards, etc. linked to the post office account in his/her name to the person who has failed to obtain a name, via the line in the Dongcheon-dong-dong, Daegu-gu, Daegu-gu around May 15, 2014.

3. Defendant C transferred the means of access to cash cards, etc. linked to the account in his/her name-based post offices, without verifying the specific personal information of the person who was unable to receive the name, or the location of his/her office, without setting specific time, place, and method to receive a return of the cash cards. On May 2, 2014, Defendant C transferred the means of access to the cash cards, etc., which are linked to the account in his/her name-based post offices,

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on trading lists by account;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;