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(영문) 창원지방법원 통영지원 2016.11.16 2016고단597

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 one year 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 January 2016, the Defendant did not confirm the specific personal information of, or the location of the office of, a person without name, and without determining the specific time, place, and method to receive the physical card from, the Defendant received KRW 3 million per month, and transferred the means of access to the physical card, which is linked to one’s own name bank account (Account Number: B) to the person with no name, through Kwikset-si’s service in front of the Kokset-si, Pool-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s authenticitys and written statements;

1. A deposit certificate or a financial account reply;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the defendant agreed to transfer the means of access for consideration to the person under whose name the victim had been aware of the fact that the means of access so transferred may be abused as a means of crime causing serious damage to society by using the so-called scaming, etc. In fact, in this case, the victim was scambling and the amount of damage was not much than 5,500,000 won, and the defendant was not present for a long time in the trial, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character