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(영문) 창원지방법원 통영지원 2016.10.21 2016고단1290
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 one year 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 a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the details of the transaction, and a password necessary to use such card shall be transferred to any third party.

Nevertheless, the Defendant did not verify the specific personal information, office location, etc. of a person in distress, and received 2 million won per bonds without determining the specific time, place, and method of return of the e-mail card. At around 17:00 on June 25, 2016, the Defendant transferred e-mail card to a person in distress via Kwikset, through Kwikset’s service, three copies of the e-mail card linked to the name bank account (Account Number B), the bank account (Account Number: C), and the Gyeongnam bank account (Account Number: D).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the details of passbooks and account transactions;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more (including the fact that a person has no criminal record of probation for the same crime and the fact that the defendant is against his/her will);

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