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(영문) 창원지방법원 통영지원 2016.12.23 2016고단1675
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 other Acts, no person shall agree to receive and lend any means of access, such as an electronic card used to issue a transaction instruction or to secure the authenticity and accuracy of the details of the transaction, and a password necessary for the use of information thereon, to any other person.

Nevertheless, the Defendant did not confirm the specific personal information, office location, etc. of the under-paid persons, and without determining the specific time, place, and method of return of the under-paid person, received a total of 6 million won per account from one account, with a total of 2 million won per account. On July 24, 2016, around 2016, the Defendant lent three copies of the under-paid means of access to the under-paid person, each linked to Kwikset service article, through Kwikset service provider, to the under-paid person via his name bank (Account number: C), post office (Account Number: D), and chi-registered securities (Account Number: E) for consideration.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on investigation;

1. Details of use and transaction, communications data, details of each account transaction, and application of text messages to Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 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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