[2015 Highest 4650] No person shall borrow or lend the means of access to electronic financial transactions.

Nevertheless, around March 2015, the defendant used Kwikset Service in the vicinity of the defendant's residence in Gyeyang-gu Incheon, to receive 6 million won of the cash card in the name of the defendant, and delivered it to the non-party and lent the means of access in electronic financial transactions.

[2015 order 5342] The Defendant transferred the means of access connected to his/her new bank account (B) for the purpose of receiving compensation on March 2015, and had the money deposited into the said account at will.

On March 20, 2015, the Defendant confirmed that KRW 1,123,310 was deposited and kept in the above account that deposited money by the victim C, D, E, F, etc., and, despite being aware of the fact that the said money was not owned by himself/herself, it cannot be used at his/her own discretion and should be returned, the Defendant deposited KRW 1,120,000 in total twice via the passbook of the above account that was prepared in advance at the new bank calculation Dong branch in Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, Incheon, at around 11:40 on the same day.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on CCTV image photographs, such as an application for transaction in the name of a suspect, an inquiry into the details of transfer, etc. (on a mobile phone screen), a certificate of transfer ( bank G), a statement of transaction (from March 19, 2015 to March 24, 2015), and the application of such statutes;

1. Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act and Article 355 (1) of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act is a crime committed during the period of repeated crimes, and the crime of violating the Electronic Financial Transactions Act.