A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

1. Except as otherwise provided for in any other Act, no person who has violated the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, requesting or promising to receive, request or promise any compensation;

Nevertheless, on June 11, 2019, the Defendant received a proposal from a person who has no name to the name of the Defendant to the effect that “it is necessary to reduce the tax of alcoholic beverage companies. It gives a maximum of two million won per alcoholic beverage loan, and will return it three days later,” and then accepted it. On the same day, the Defendant sent a copy of the physical card connected to the D Association account (Account Number: E) in the name of the Defendant on the roads in front of the Incheon Yeonsu-gu, Yeonsu-gu, Incheon, to Kwikset news.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

2. On June 11, 2019, the Defendant: (a) delivered one check card as indicated in paragraph (1); (b) kept 6 million won transferred by the victim F to the said D Association account in the name of the Defendant in the name of the victim F to the said D Association account; (c) transferred the money to the Defendant’s female-friendly G Association account in the name of the Defendant’s name on the same day; and (d) withdrawn KRW 6 million from the said G account at the principal of the D Association’s name located in Nam-gu Incheon Metropolitan City, Nam-gu, and used it for personal purposes, such as debt repayment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the details of transactions and the Acts and subordinate statutes governing J dialogues;

1. Article 49 (4) 2, Article 6 (3) 2 (a) of the Electronic Financial Transactions Act and Article 355 (1) of the Criminal Act concerning criminal facts, the relevant provision of the relevant Act concerning the selection of punishment, and Article 49 (4) 2, and Article 6 (3)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act: