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(영문) 창원지방법원 통영지원 2016.11.28 2016고단1152
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 confirm the specific personal information, office location, etc. of the underpaid persons, and without determining the specific time, place, and method of return of the underpaid persons, received KRW 1,400,000 each day from them. On December 22, 2015, in front of the C cafeteria located in Tong Young-si, Kwikset-si, through Kwikset-si, assigned the means of access, in a lump sum, each linked to Kwikset-si’s account (Account Number: D) and Gyeongnam-si bank account (Account Number: E).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written petition;

1. Application of Acts and subordinate statutes on records of financial transactions and account transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Social Service Order Act, the defendant's physical card transferred through the crime of this case was actually used for the crime of scaming fraud, and the defendant did not commit the crime of scaming. In addition, the defendant's age, character and behavior, the circumstances and motive leading to the crime of this case, and the circumstances after the crime, etc., considered the sentencing conditions stipulated in Article 51 of the Criminal Act, and decided as above on the grounds that he was sentenced to punishment.

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