[Defendant P] Defendant P shall be punished by imprisonment for eight months.

[2015 Highest 1470]

1. On May 30, 2015, Defendant AC received KRW 150,000 in front of the “BJ” restaurant located in Yongsan-gu, Yongsan-gu, Yongsan-si and Defendant AC issued the cash card and password of the account (Account Number BK) in the name of the Defendant to BL and transferred the cash card, etc. of the means of electronic financial transactions to BL.

[2015 Highest 2413]

2. Defendant P

(a) No person who violates the Electronic Financial Transactions Act shall transfer the means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Nevertheless, around February 16, 2015, Defendant P transferred the means of access, such as a cash card, connected to a corporate bank account (Account Number: Q) opened in the name of Defendant P, to F and C, in front of the Hannam-dong, Seo-gu, Incheon, Seo-gu.

B. Around February 21, 2015, Defendant P became aware that money was deposited in the pertinent corporate bank account that was transferred to F, etc., and that money was not owned by Defendant P.

Nevertheless, Defendant P transferred 1,320,000 won to the new bank account (Account Number: BM) in the above company bank account under the name of Defendant P at the same place on the same day and arbitrarily used it.

As a result, Defendant P embezzled the property of the victim's non-indicted victim.

Summary of Evidence

[2015 Highest 1470]

1. Defendant AC’s legal statement

1. Investigation report (Submission of suspect AC Account Details);

1. Defendant P’s legal statement

1. Protocol concerning suspect interrogation of C;

1. Data replies to financial institutions;

1. Application of the statutes on details of transactions of accounts of P bank accounts;

1. Article applicable to criminal facts;

(a) Defendant AC: Article 49(4)1 of the Electronic Financial Transactions Act and Article 6(3)1 of the same Act;

B. Defendant P: Article 35(1) of the Criminal Act (the point of embezzlement), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act.