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

1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall do any act of lending in return for any request or promise to provide or receive compensation, unless otherwise specifically provided for in any other Act;

Nevertheless, on August 2018, the Defendant: (a) received a proposal from a person who was unable to use his/her name by telephone at a place where it is unknown to a police officer at the beginning of August 2018, stating, “If he/she lends his/her physical card for a day, he/she will offer a total of seven million won per day, per one million won per day.” (b) around that time, the Defendant issued a physical card to a person who was not aware of his/her name by means of a phone that is linked to the Defendant’s name

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

2. On July 2018, the person who was unaware of the name of embezzlement calls the victim E at a place where the end is unknown and makes a false statement to the victim E that “a loan may be granted up to KRW 28 million if part of the existing loans are repaid. We shall deposit in a redemption account notified by us.” After having the victim wired the victim KRW 3 million to the above Cbank account in the name of the Defendant on August 8, 2018.

The Defendant confirmed that the said money was remitted to his own account, and attempted to use it at his own discretion at around 17:57 on the same day, and transferred KRW 3 million to the F bank account (G) account in his own name using his smartphone banking in a place where it is unknown at least 17:57 on the same day, and the victim H transferred KRW 3 million to the C bank account in his name at around 17:20 on the same day, and transferred KRW 6 million over twice on the same day, such as by transferring the said F bank account in the above manner as above, around 17:24 on the same day.

As a result, the Defendant embezzled 6 million won by arbitrarily transferring money to his own other account for the purpose of using the money that the victim has received by mistake.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecution and police suspect interrogation protocol against the defendant.