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(영문) 창원지방법원 통영지원 2017.04.13 2017고단75
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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 instructions for transactions or to secure the authenticity and accuracy of the details of transactions with users and information on electronic financial transactions shall be transferred to any third party, such as a password necessary for the use of such card and information.

Nevertheless, the Defendant did not confirm the specific personal information, office location, etc. of a person without name, and received 1.6 million won per unit without determining the specific time, place, and method of return of the check. On April 2015, 2015, the Defendant transferred Kwikset in front of the Joseon Heavy Industries Shipbuilding, which was in Pyeongtaek-dong, the nameless person through Kwikset service, in his name-based bank account (Account Number B and C) and the bank account (Account Number: D).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A report on the occurrence of a loss (the fraud- Bosing frauds)

1. Application of statutes on financial transaction status;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, transferring electronic financial transaction access media to another person can cause damage to many and unspecified persons as it can be used for crime, and the account actually linked to the access media that the Defendant transferred was used for fraud.

In addition, the Defendant withdrawn and consumed 2920,000 won deposited in the Defendant’s account (the new bank account number: B).

However, the defendant recognized the crime of this case and reflects his wrong and there is no record of criminal punishment.

(b) other.

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