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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Unless otherwise specifically provided for in other Acts, no person violating the Electronic Financial Transactions Act shall transfer the means of access to the use and management of the means of access, the Defendant, even if he/she was aware of the fact that “B is an employee who works in B, and the bad credit holder is also an employee in B, and the bad credit holder shall also pay for up to three years a maximum of 20 million won: Provided, That he/she shall deliver a e-mail card under the pretext of credit security; on July 2018, 2018, after receiving a proposal from the bad credit holder, he/she sent a e-mail card to Kwikset Service’s article with the Korea Banks (E) and F Bank’s account under the name of the Defendant, and then sent the password and the password and the account number connected to the above e-mail card to the above e-mailer.
Accordingly, the Defendant transferred the means of access to electronic financial transactions.
2. On July 10, 2018, a person who was named in the name of embezzlement made phone calls to the victim H and made a false statement to the effect that “a loan may be made up to 30 million won if he/she redeems part of the existing loans in an account known to the victim.” On July 18, 2018, the victim had the victim transfer KRW 2,80,000 to the D Bank Account (E) as stated in paragraph (1) in the name of the defendant on July 16, 2018. On July 19, 2018, the defendant used the money as daily expenses after transferring the balance of KRW 2,090,005 to the Defendant’s F Bank Account (G) at the independent branch of the D Bank located in Seodaemun-gu Seoul, Seodaemun-gu Seoul, at around 10:36, 2018 when cancelling the said D Bank Account.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Each police interrogation protocol against the accused;
1. The police statement of H;
1. H’s petition, request for accident (application for termination of the account), certificate of deposit transaction record, investigation report - The person in charge of the independent branch of the D bank shall report in the currency with J, investigation report - A’s public inspection and report related to the FF bank account, the receipt of deposits without passbook, and the execution result of seizure warrant.