beta
(영문) 서울북부지방법원 2016.05.27 2016고단1442

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four 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

On February 26, 2016, the Defendant transferred 2, 200,000 won in money from the management office of main apartment complexes 3 located in Gangnam-gu Seoul Metropolitan Government, via Kwikset Service Delivery Board, to the above name in the name of the Defendant’s bank account (Account Number B and C).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a copy of each bankbook;

1. Article 49 (4) and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Supreme Court Decision 2009Do1530 Decided March 25, 2010, Supreme Court Decision 40 and Article 50 of the Commercial Competition Act (Supreme Court Decision 2009Do1530 Decided March 25, 2010) (the crime of transferring access media is established as one crime for each access medium. However, the act of transferring multiple access media in a lump sum is a case where multiple access media are committed as a single act, and each crime is in a conceptual concurrence relationship.)

1. Imprisonment with prison labor chosen;

1. The sentencing of suspended execution, Article 62(1) and Article 62-2 of the Criminal Act shall be as shown in the annexed sheet;