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(영문) 창원지방법원 진주지원 2016.10.19 2016고단674
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 provided for in any other Act, no one shall transfer any means of electronic financial transactions to any third party in using and managing the means of access.

Nevertheless, if the defendant sent a physical card from his nameless person, he was urged to open the Mabpbook, and then on March 2016, 2016, he sent the Mabpbook to the National Bank Account (Account Number: E.F.) in the name of the defendant through Kwiksetset Service, and notified the card password by transferring two copies of the Mabp Card, which are linked to the National Bank Account in the name of the defendant.

Accordingly, the Defendant transferred the password necessary to use the physical card and the physical card, which is the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (a new application for a transaction and the filing of a statement of financial transactions), investigation report (including submission of data, such as the certificate of the date of issuance of the KB Card);

1. Application of Acts and subordinate statutes concerning details of gold transactions;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act: (a) the Defendant transferred the means of electronic financial transactions under his/her name to another person for economic purposes; (b) the means of electronic financial transactions appears to have been used for committing a crime, such as scaming, etc.; and (c) the Defendant was well aware of the social harm, etc. caused by the same type of crime; and (d) in addition, the Defendant committed the instant crime, in light of the fact that the Defendant committed the instant crime, the Defendant’

However, the fact that the defendant reflects his criminal act, and that the defendant has no penalty power.

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