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(영문) 창원지방법원 통영지원 2017.04.19 2016고단2070
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years 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, on November 4, 2015, the Defendant did not confirm the specific personal information of the person without name, the location of office, etc., and without determining the specific time, place, and method to receive the physical card from him, and transferred the physical card, which is linked to the KEB bank account (Account Number: C) to the person without name, via Kwikset service in the street near the Mwikset bus terminal located in the 2-dong, Chang-si, Chang-si, Chang-si, Chang-si, Chang-si, Chang-si, Chang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of financial transaction statements and ACIF-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following: (a) the Defendant committed the instant crime even though he/she had the history of having been punished by a fine for the same crime several times; and (b) the Defendant had been punished by the suspension of the execution of imprisonment once; (c) the Defendant transferred the access media for the purpose of receiving money, despite that the access media transferred by him/her could have sufficiently known the fact that the Defendant could have been used for the commission of the phishing crime; (d) the access media under the name of the Defendant appears to have been used for the commission of the phishing crime, and thus, the Defendant could have been faced with a good and poor victim who has been severely needed for the loan and was faced with the greater economic difficulties; and (e) the Defendant’s past criminal records, age

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