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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall transfer any access medium.
On June 2016, the Defendant received a proposal from a person without his name, stating that “after opening an account in the name of a juristic person by establishing a juristic person, the Defendant would give KRW 700,000 per account to inform him of the passbook, cash card,OTP card, password, etc. connected to the account.”
1. On July 8, 2016, according to the proposal of the above person without his name, the Defendant transferred the access media, such as passbook, cash card, OTP card, password, etc. connected to the account in the name of the National Bank C in the name of the limited company B established by the Defendant to the unclaimed Kwikset service engineer who was ordered by the above unclaimed box on the same day. On the same day, the Defendant transferred the access media, such as passbook, cash card, OTP card, password, etc. connected to each account listed in the table Nos. 1 to 4 of the crime circulation table, to the unclaimed Kwikset service engineer.
2. On July 13, 2016, according to the proposal of the above person without a name, the Defendant transferred an access medium, such as passbook, cash card, OTP card, password, etc. connected to the NA account in the name of the company with limited liability established by the Defendant, to the unexploited Kwikset service article in receipt of the above name unexploitor’s instructions, as well as the passbook, cash card, OTP card, password, etc. connected to each account listed in the No. 5 through No. 7 of the list of crimes listed in the annexed crime as of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application documents for each Internet bank's services;
1. A certificate for all registered matters;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the choice of punishment, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 of the Criminal Act: