Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall promise to receive compensation and lend the means of access unless otherwise specifically provided for in any other Act;

Nevertheless, the defendant accepted the proposal that "in order to obtain a loan, the physical card is required" from a name-free person, and then, around February 20, 2019, the defendant stored the subway located in the exit area of Busan subway Station No. 6 in Busan subway Station, and issued a name-free person in a manner that puts a password on the physical card linked with the national bank account (B) in the name of the defendant and then puts it into the name-free person.

As a result, the Defendant promised to receive intangible expectation interest that can receive a loan and lent the means of access to a person who is not his/her name.

2. On February 20, 2019, an employee in charge of the crime of embezzlement was called the victim C by phoneing to the victim C, and caused the victim to transfer KRW 6 million to the national bank account (B) in the name of the Defendant who leased the Defendant from the Defendant. Upon receiving the written notice of the details of transactions from the financial institution, the Defendant became aware of the fact that the money was deposited in the Defendant’s account.

On the same day, while the Defendant: (a) transferred 6 million won to the national bank account in the name of the Defendant to the national bank account in the name of the Defendant for the victim as above, the Defendant withdrawn 5.2 million won after being reissued with the check card; and (b) arbitrarily transferred 80 million won to the national bank account in the name of the Defendant, Inc., Ltd. using the Internet banking.

As a result, the Defendant arbitrarily withdrawn and embezzled the money that he remitted to the victim by mistake in the crimes of Bophishing by the victim C while being kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C Written petition;

1. Details of remittance of damage;

1. A;