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(영문) 창원지방법원 통영지원 2016.12.15 2016고단1319
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, on June 7, 2016, the Defendant did not verify the specific personal information, office location, etc. of the underpaid persons, and received 6 million won per opening from them without any intention to receive a return of the underpaid persons. On June 7, 2016, the Defendant transferred kwikset Bank account (Account Number: C) and Gyeongnam Bank account (Account Number: D) via Kwikset Bank account, each of which is linked to the underpaid person’s own name bank account (Account Number) and Gyeongnam Bank account (Account Number:D).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of account transactions and information on Defendant’s account;

1. Application of text messages to Acts and subordinate statutes;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. The defendant, for the reason of sentencing under Article 62 (1) of the Criminal Act, committed the crime of this case with the reason of sentencing under Article 62 (1) of the suspended sentence, committed the crime of this case on the ground that he was sentenced to imprisonment or heavier punishment by taking into account the defendant's age, character and conduct, the process and motive leading to the crime of this case, the circumstances after the crime, etc., and the circumstances after the crime.

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