A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer any access medium to another medium;

On January 5, 2017, the Defendant offered that he would give 700,000 won per each week from his name in order to transfer the check card to his name, and transferred the check card, which was linked to the national bank account in the name of the Defendant, to his name in front of the gold-dong branch office in Geumjin-gu, Geumjin-gu, Hong-gu, Seoul, by Kwikset through Kwikset service.

2. The Defendant: (a) knowingly known that the physical card that was transferred to a person without his/her name was used in illegal days, such as scaming, etc., the Defendant transferred the above physical card to a person with no name; (b) on January 5, 2017, the person with no name was called the victim C by phoneing the victim C at a non-use place; and (c) assuming the person with no name, the Defendant was able to obtain a loan from the RW Capital.

If the repayment of KRW 3 million out of the KRW 5 million is made at R&W Capital, it is false to loan KRW 38 million from our Capital to the account of the person in charge of R&W Capital, and deposit KRW 3 million with the account of the person in charge of R&W Capital.” On January 6, 2017, the victim was transferred KRW 3 million to the said national bank account under the name of the Defendant on January 6, 2017, from the next day.

Accordingly, the Defendant, as seen above, transferred the access media to a name-free person, thereby facilitating the fraud of the name-free person.

3. On January 6, 2017, the Defendant found that KRW 3 million, which the said victim wired to the above national bank account under the Defendant’s name, was kept in the Defendant’s account due to the Defendant’s phishing crime, at a point of Geumjin-gu, Geumcheon-gu, Geumdong-gu, Geumdong-gu, Geumdong-dong, and then arbitrarily withdrawn the said amount while being kept in the custody of the victim and used it as living expenses.

Accordingly, the Defendant embezzled 3 million won owned by the victim.

Summary of Evidence

[Judgment]

1. Prosecutions against the Defendant.