[Criminal Power] On January 17, 2017, the Defendant was sentenced to six months of imprisonment for embezzlement at the Daegu District Court, and completed the enforcement of the sentence at the Daegu Detention House on August 11, 2017.

【Criminal Facts】

Except as otherwise expressly provided for in any other Act, no one shall lend a means of access to any electronic card used in electronic financial transactions and other means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., upon receipt, request or promise of any consideration.

Nevertheless, around August 2017, the Defendant received a mobile phone text message from a name-free person in Daegu Metropolitan City, stating that “When sending a physical card for the reduction or exemption of liquor company taxes, the Defendant returned it after one month, and gave three million won per body card.” On August 2017, the Defendant lent a means of access in electronic financial transactions by entering the password on the back of the physical card connected to the Defendant’s Association account (E) in front of the Defendant’s neighboring C building located in Daegu Metropolitan City, Daegu Metropolitan City, and promising to send the said physical card to Kwikkset Service, and then lent the means of access in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Certification of details of deposit transactions and details of transactions of deposit accounts in the name of the defendant;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, application of Acts and subordinate statutes concerning the status of personal confinement;

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

1. The same sentence as the order shall be determined by comprehensively taking into account the following circumstances in sentencing Article 35 of the Criminal Act among repeated crimes: the defendant’s age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc.

Unfavorable circumstances: The instant crime is that the Defendant receives compensation and transfers the means of access, and the transfer of the means of access for electronic financial transactions is different, such as singing, etc.