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(영문) 창원지방법원 통영지원 2016.10.28 2016고단1360
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 or to secure the authenticity and accuracy of the details of the transaction with users and other persons shall be transferred to any other person with a means of access, such as a identification card and password necessary to use such information.

Nevertheless, on July 12, 2016, the Defendant did not confirm the specific personal information, location of office, etc. of a person whose name is unknown, and received 6 million won from such person without determining the specific time, place, and method of return of the e-mail card. On July 12, 2016, the Defendant transferred e-mailed three copies of the e-mail card to a person whose name cannot be known through Kwikset Service in front of his residence in the e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation;

1. Application of Acts and subordinate statutes on financial information;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (including the fact that there is no previous conviction or higher for the suspension of execution since 2007 and the fact that the defendant is against the law);

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