A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall lend any access medium while demanding, demanding or promising the consideration, unless otherwise specifically provided for in other Acts;

On January 2017, the Defendant: (a) received the word “as a liquor company, granting money to a person who borrowed an account; (b) received the proposal that “as a matter of course, the Defendant shall grant KRW 600,000 per account to one account”; and (c) received the proposal that “as a matter of course, 60,000 won per account” from a person who sent the name in front of the reception counter of the D Hospital located in Busan-si around January 2017, the Defendant sent a copy of the C Card connected to the name in the name of the Defendant’s bank account (Account Number: E).

Accordingly, the defendant lent the access media in return for the promise of compensation.

2. On January 20, 2017, the Defendant: (a) confirmed the fact that the Defendant deposited KRW 15 million from F to the national bank account in the name of the Defendant, as indicated in paragraph (1) of the same Article; (b) transferred KRW 12 million via the Defendant’s mother G bank account at the Daegu Bank located in Gyeongsan-si using a separate physical card connected to the said account from the said account; (c) released KRW 2.9 million in cash from the Daegu Bank Pyeong-dong branch in the same City/Dong-dong, Daegu Bank, in the same City/Do.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of transfer confirmation;

1. To reply to an account warrant;

1. A report on investigation (in response to and attachment of data onCCTV screen) (in response to and accompanying of the withdrawal);

1. Application of Acts and subordinate statutes on the investigation report (to reply to data on theCCTV screen and appendix - Gyeongsan branch office of the Daegu Bank), and the withdrawn screen;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 49(4)2 and 6(3)2 (a) of the Act on Electronic Financial Transactions (a point of lending access media), Article 355(1) of the Criminal Act (a point of embezzlement) and each choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.