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(영문) 창원지방법원 통영지원 2016.07.06 2016고단515
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Criminal facts

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.

However, on January 26, 2016, the Defendant did not confirm the specific personal information, location of office, etc. of the person in distress, and transferred an access media to inform him of the Internet banking ID and password, etc. by submitting a copy of the passbook with the security card and B’s business registration certificate, and the account number, and a copy of the passbook, which is linked to the account in the name of the company bank (Account Number: C) registered by the business owner, in the Daejeon Complex Terminal near the Daejeon Complex, Dong-dong, Dong-gu, Daejeon, Seoul, on January 26, 2016, without setting specific time, place, and method for returning the OPT device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. A written confirmation of the results of transfer, text message, notification of data on financial transactions, copy of passbook, and details of account transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant laws and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense, and selection of imprisonment;

1. The access media that has been transferred for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is abused as a means of committing a crime causing serious harm to society, such as the so-called Bosing, etc., and the Defendant has the past record of receiving a fine for the same crime: Provided, That confession and reflect, other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, and circumstances after committing the crime, shall be equally considered to determine the sentence against the Defendant.

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