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(영문) 춘천지방법원 원주지원 2016.09.19 2016고단742
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 one shall transfer any electronic card used to issue instructions on transaction or to secure the authenticity and accuracy of the details of such transaction and any user and any other means of access, such as a password, necessary to use such card or information.

Nevertheless, the Defendant did not confirm the specific personal information of the person without name, the location of the office, etc., and did not determine the specific time, place, and method of return of the card from the person without name to receive KRW 1 million per account from the person with no name. On July 4, 2016, around 14:30, the Defendant transferred the physical card (E) 1, password, which is linked with the bank account number D in the name of the Defendant to the person with no name, via Kwikset service article in front of the Gwangju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on trading;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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