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(영문) 창원지방법원 통영지원 2017.01.12 2016고단1772
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 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 the person without his name, and transferred the physical card, without setting the specific time, place, and method to receive the return of the physical card, on July 2016, 2016, through Kwikset Service 104, which is linked to the new bank account (Account Number B) in his name to the person without name, via Kwikset Service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written petition;

1. Application of Acts and subordinate statutes on transfer details to each account;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant was actually used for the criminal act of this case, and the defendant was not guilty of having committed a second offense, and there is no criminal record of the same kind. The defendant's age, sexual conduct, the circumstances and motive leading to the criminal act of this case, and the circumstances after the criminal act, etc. are considered, and the punishment is determined on the grounds of sentence above.

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