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

[Criminal Justice] On November 21, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny at the Sung-nam Branch of Suwon District Court on January 7, 2019, and the said judgment became final and conclusive on January 7, 2019.

【Criminal Facts】

1. In using and managing the means of access to electronic financial transactions, no person may transfer or acquire the means of access unless otherwise specifically provided for in any other Act;

Nevertheless, on May 16, 2018, the Defendant received a proposal from an unqualified person to transfer the personal card in the name of the Defendant, and decided to transfer the personal card in the name of the Defendant, and then transferred the physical card and password connected to the B Bank C account in the name of the Defendant from Sungnam-si, Sungnam-si.

2. At around 14:50 on May 17, 2018, the Defendant confirmed that 4 million won was deposited by the victim’s telephone financial fraud damage account in the bank account in the name of the Defendant transferred as set forth in the foregoing paragraph (1) and embezzled 3,91,000 out of the said amount of damage by re-issuance of the said account between 15:23 and 15:25 on the same day and then withdrawing in cash the amount of 3,91,000 out of the said amount of damage by transferring it to the Internet gambling charging, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Certificates of the results of electronic financial transfer, customer information inquiry table, and details of transactions of entry and withdrawal;

1. Previouss before judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 (a) of the Electronic Financial Transactions Act (in cases of transfer of access media), Article 355(1) of the Criminal Act (in cases of embezzlement), and the selection of imprisonment for each sentence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;