However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

1. No person who violates the Electronic Financial Transactions Act shall use or manage any access medium, such as an electronic card or similar electronic information, certificate, password, etc. in electronic financial transactions, unless otherwise expressly provided for in any other Act, lend or lend any access medium, or store, deliver or distribute such means while receiving, demanding or promising the consideration;

Nevertheless, on April 2016, the Defendant: (a) received a proposal from a person in the name of the first police officer on a mobile phone, stating that “The head of the Tong is recruited to use for tax reduction and exemption, and the head of the Tong is leased KRW 4,750,000,000, if the head of the Tong is lent; (b) issued the head of the Saemaul Treasury Account (Account Number C) and the head of the Dong in the name of the Defendant at the first resting room in the Seo-gu Incheon Metropolitan City Park circulation around 19:00 on the same day; and (c) decided to receive a price for access media in electronic financial transactions by notifying the password.

2. On April 8, 2016, the Defendant, at 22:54, at 22:46, as at the center of Daegu-gu, Nam-gu, Daegu-gu, the Defendant: (a) discovered that the amount deposited into the lending passbook and the account linked to the physical card was not the Defendant’s money, but the amount deposited due to the victim’s act of fraud; (b) subsequently, the Defendant withdrawn KRW 2,00,000,000 and used it for the said victim’s money and embezzled it at his/her own expense, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to video materials of the receipt of confirmation of transfer of accounts, the submission of the Saemaeul credit cooperative with 2-dong Saemaeul service, and the receipt of video materials of each Saemaul credit cooperative;

1. Articles 49(4)2 and 6(3)2 (a) and Article 355(1) of the Criminal Act concerning the facts constituting an offense (a point of embezzlement) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;