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(영문) 창원지방법원 통영지원 2016.12.16 2016고단1655
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

Unless otherwise specifically provided for in other Acts, no electronic card and password necessary for using any electronic card used to issue a transaction instruction or to secure the authenticity and accuracy of the details of the transaction with respect to the former loan transaction shall be transferred to any third party.

Nevertheless, the Defendant did not confirm the specific personal information of the recipient of the above means of access or the location of the office, and without determining the specific time, place, and method of return, received KRW 2 million from him/her. On August 2016, 2016, the Defendant transferred three physical card-based means of access to a person whose name is not known through cargo delivery articles in front of a bus terminal in front of a bus terminal in front of the early passenger service, which was proposed to be a patroler, in his/her name Busan Bank account (Account Number B), Gyeongnam Bank (Account Number C), and Gyeonghan Bank (Account Number: D).

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a report on damage, certificate of confirmation, Busan bank response data, and specification of transactions;

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

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

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the first offender and the fact that the defendant is against his/her will) or more;

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