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(영문) 창원지방법원 통영지원 2016.09.13 2016고단916
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of 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 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.

Nevertheless, the Defendant did not confirm the specific personal information, office location, etc. of a person without name, and without determining the specific time, place, and method to receive the physical card from 3.6 million won. On May 11, 2016, the Defendant transferred Kwikset-based access media with a physical card linked to his/her name-based bank account (Account Number (Account Number (B) to a person without name-based) through Kwikset-si’s service in front of the 15:00 Kwikset-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes regarding receipt of deposit confirmation and reply following a request for provision of financial transaction information;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62(1) of the Criminal Act (a) of the suspended execution (a person who has no record of force or record of the same kind as that of the suspended execution and the defendant is against

(2) The decision is delivered with the order for the reasons above.

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