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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
[2014 Highest 2901] No person shall transfer any means of access used in electronic financial transactions, unless otherwise provided for in any other Act.
Nevertheless, on May 2014, 2014, the Defendant received a proposal to “to lend money if he/she send a physical card and password,” and accordingly, received the means of access by acquiring KRW 4 million in return for the transfer of the physical card, password, etc. related to the account of the Defendant’s name community credit cooperatives (Account Number C) from Kwikset at Yeongdeungpo-ro Seoul, Yeongdeungpo-gu, Seoul, and then transferred the means of access by acquiring KRW 4 million in return.
[2014 Highest 4256] On July 2014, the Defendant transferred the means of access by delivering a physical card, which is the means of access to a corporate bank account (D) opened under the name of the Defendant, to Kwikset Service.
Summary of Evidence
[2014 Highest 2901]
1. Defendant's legal statement;
1. Statement of the police statement regarding E;
1. A copy of deposit certificate, a statement of transactions, and a statement of bank transactions, respectively;
1. Defendant's legal statement;
1. Statement made by the police officer on F;
1. Application of the Acts and subordinate statutes stated in the A transaction application;
1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;