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(영문) 창원지방법원 통영지원 2017.01.25 2016고단1513
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Unless otherwise expressly provided for in other Acts, no act of lending any access medium, such as an electronic card used to issue a transaction instruction or to secure the authenticity and accuracy of the details of the transaction with users and information thereon, shall be allowed to use the electronic card or password necessary for using such card or information.

On May 15, 2016, the Defendant agreed to receive KRW 100,000 per day from his name in front of Kwikset service, through Kwikset service, and lent cash cards and passwords that are linked to the account in his name (Account Number: D) and Suhyup Bank account (Account Number: Account Number: E) to the Kwikset Bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written statements;

1. Detailed statement of each transaction, Kakao Stockholm text, a certificate of transfer confirmation, and details of financial transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is abuse as a means of committing a crime that causes serious damage to society, such as the so-called Bosing, etc., and the victim was born even in this case. However, the fact that the Defendant fully repaid the victims of damage, the fact that the Defendant appears not to have actually realized profit, and other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, and circumstances after the crime, are equally considered.

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