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(영문) 창원지방법원 통영지원 2016.08.11 2016고단638
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

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, on January 18, 2016, the Defendant did not confirm the specific personal information, office location, etc. of the person without name, and without determining the specific time, place, and method of return of the physical card, received KRW 1 million per month from the Defendant. On January 18, 2016, the Defendant transferred Kwikset Card, which is linked to the post office account (Account Number: D) in his name to the person without name, through Kwikset Service in front of the convenience store in Busan Si/Gu, Suwon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about a petition and transfer details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act reflects the defendant's wrongness in depth, and there is no other criminal record any benefit that the defendant has acquired by committing the crime in this case. It is decided as per Disposition by taking into account the sentencing conditions under Article 51 of the Criminal Act, such as character and conduct, environment, motive leading to the crime, circumstances after the crime, etc.

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