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(영문) 창원지방법원 통영지원 2016.08.11 2016고단714
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 March 4, 2016, the Defendant did not confirm the specific personal information, office location, etc. of a person without name, and received 1 million won per unit without determining the specific time, place, and method of return of the e-mail card. On March 4, 2016, the Defendant transferred the e-mail card two copies of the e-mail card linked to the e-mail-based bank account (Account Number: C) and the SC bank account (Account Number: D) to the e-mail-based access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes, such as a certificate of deposit without passbook, each statement of deposit transactions, account transaction details, etc.;

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 Provisional Payment Order reflects the defendant's mistake in depth, and the defendant who has not acquired any benefit by the crime of this case, is judged as ordered for the reason above the sentence, taking into account the circumstances of sentencing under Article 51 of the Criminal Act, such as the character and conduct, environment, motive leading to the crime, and circumstances after the crime, etc.

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