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(영문) 서울동부지방법원 2017.12.07 2017고단3469
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 used in electronic financial transactions, except as otherwise expressly provided for in any other Act.

1. On December 2016, 2016, the Defendant informed his account password to a person who was named in the vicinity of the subway No. 8 located in Songpa-gu Seoul, Songpa-gu, Seoul, that he transferred the passbook, physical card, andOTP card to the national bank account (C) of the company B (C) with limited liability, whose representative was the Defendant.

2. On January 1, 2017, the Defendant, at the place indicated in paragraph 1, informed the nameless person of the account password by transferring the passbook, physical card, andOTP card to the bank account (D) opened by the said company.

Accordingly, the Defendant transferred the access media over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and Selection of Punishment;

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 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant commits a mistake and reflects the fact, there is no history of punishment heavier than the fine, and that the defendant does not commit a crime; the age of the defendant and the circumstances leading to the crime, etc.);

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