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(영문) 창원지방법원 통영지원 2016.07.27 2016고단688
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Criminal facts

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.

However, on January 26, 2016, the Defendant promised to receive KRW 2 million per bank account from the Defendant without confirming the specific personal information of B, the location of office, etc. of B, and agreed to receive KRW 6:0 million per bank account from the D dormitory located in Ulsan Metropolitan City, Ulsan Metropolitan City, on January 26, 2016, the Defendant used Kwikset's name bank account (Account Number E), Saemaul Bank account (Account Number:F), and the bank account (Account Number: G) account for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H and I by the police;

1. A written petition;

1. Details of account transactions, financial information replies, and CCTV data;

1. Application of Acts and subordinate statutes on 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 access media that has been transferred for the reason of sentencing under Article 62(1) of the Criminal Act is abused as a means of committing a crime that causes serious harm to society, such as the so-called Bosing, etc. However, the Defendant’s confession and rebuttal, the Defendant’s age, sexual conduct, environment, and circumstances after committing the crime, etc. shall be determined by taking into account the following factors: (a) the Defendant’s confession and reflect; (b) the Defendant’s confession and reflect; and (c) the Defendant’

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