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(영문) 창원지방법원 통영지원 2016.10.19 2016고단658
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 December 9, 2015, the Defendant, without confirming the specific personal information of, or the location of office of, the underpaid persons, without setting the specific time, place, and method for receiving a return of the cash card, transferred the cash card linked to B’s bank accounts (Account Number: C) to the underpaid persons via Kwikset’s services in the vicinity of the trade name in, and near, the Dong-gu defense Dong-dong, Ulsan-si, Ulsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. E statements;

1. Application of Acts and subordinate statutes on details of transactions by account;

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 selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Unfavorable circumstances: The means of access transferred by the defendant is abused as a means of crime causing serious damage to society, such as so-called scaming, etc.; in fact, the victim was scambling, but the crime was committed again during the period of repeated crime of fraud, but the criminal committed a second offense during the period of repeated crime of fraud, and the criminal sentence

-The favorable circumstances: The fact that the Defendant is expected to obtain a loan, and the Defendant appears to have reached this case, and that it does not seem to have any particular economic interest, and that there is clear social relationship, such as obtaining the qualification of a tour interpreter and employment.

- The age, character and conduct, environment, and crime of the defendant.

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