A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Basic Facts] The Victim B Co., Ltd. is a company operating C, which is a monetary exchange on electronic records developed using a block chain technology, which is a storage technology that stores transaction details transparently in multiple virtual computers. The Defendant is a customer who trades virtual currency using the said company.

C At the request of the customer, the account and electronic wallets connected thereto are opened, and where the customer deposits cash in a financial account designated by the Exchange, or transfers virtual currency to the electronic wallets, the customer keeps it in custody, and mediate it so that transactions using it can be conducted between the customers after granting virtual points equivalent to the same amount, and where the customer requests cash withdrawal in the account, it is prohibited from withdrawing it, and where it is requested to do so, it was operated by transferring it to the account of other virtual currency exchanges.

【Criminal Facts】

On April 20, 2018, the Defendant requested the Victim Company to transfer 'NPXS' 2,750,617 virtual currency in his/her own account to another virtual currency exchange account he/she uses, and the Victim Company erroneously transferred 13,753,085 of the number of virtual currency held by the Defendant.

Most of the “NPXS”, which the victim company erroneously transferred to another customer using the exchange, was held by another customer, and the other customer immediately returned if requested a return. As such, the Defendant was on duty under the good faith principle to return the entire amount of the “NPXS that has no authority to hold by over-transfer” when requested a return by the victim.

Nevertheless, around April 26, 2018, the Defendant was required to return 11,002,468 'NPXS' transferred by mistake from the victim company, but the 'NPXS' is equivalent to the 'NPXS' at the time of erroneous transfer.