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(영문) 서울서부지방법원 2016.01.29 2015고단2946
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 access medium used in electronic financial transactions shall be transferred, except as otherwise expressly provided for in any other statute.

Nevertheless, around 13:30 on October 16, 2014, the Defendant transferred the access media by receiving KRW 500,000,000 from a single bank passbook (Account Number: C), physical card, password, OTP-generating machine, Internet banking ID, and issuing it to the person who is not his/her name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on transaction by receiving period;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

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