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(영문) 창원지방법원 통영지원 2016.09.06 2016고단909

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no electronic card used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

Nevertheless, the Defendant did not confirm the specific personal information, office location, etc. of the person in distress, and without determining the specific time, place, and method of return of the physical card, received KRW 3.6 million from him/her. On March 22, 2016, the Defendant transferred the means of access to the physical card, which is linked to the bank account (Account Number: C) in his/her name, to the person in distress through Kwikwikset on the face of B at March 22, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the response statutes to a written request for provision of receipts and financial transaction information;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the force of suspended execution or the same force as that of the same kind; and