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(영문) 창원지방법원 통영지원 2016.11.28 2016고단1602

전자금융거래법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

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 May 9, 2016, the Defendant did not confirm the specific personal information, office location, etc. of a person without name, and without determining the specific time, place, and method of return of the physical card, at a bus terminal located in ancient-dong, the Defendant transferred two copies of the physical card linked to one’s own name bank account (Account Number B) and Busan Bank account (Account Number: Account Number: C) in a lump sum.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a bank passbook; and

1. Statement of transactions with Busan Bank;

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

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reason for sentencing under Article 62 (1) of the Criminal Act is that the defendant has been sentenced to suspension of indictment for the same crime, and the defendant has been sentenced to suspension of indictment for the reason that he was sentenced to imprisonment or heavier punishment by taking into account the defendant's age, character, conduct, environment, health conditions (class 5), family relation, circumstances leading to the crime, means and consequence, circumstances after the crime, etc., such as the defendant's age, character and behavior, environment, health conditions (class 5), family relation, family relation, circumstances leading to the crime, means and result, etc.