Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

1. In using and managing a means of access, no person who violates the Electronic Financial Transactions Act may borrow or lend a means of access while requesting or promising to receive, request or promise any compensation, unless otherwise specifically provided for in any other Act;

Nevertheless, at around 19:00 on March 24, 2018, the Defendant received text messages from a person who was unaware of his name, stating the account number and password of B Bank Account (Serial C) in the name of the Defendant to Kakakaook, and, around 15:00 on March 24, 2018, sent to Kwikset service articles who sent the name in the vicinity of the Defendant’s office located in Ansan-si, a copy of C Card, which is a means of access necessary for the electronic financial transaction of B Bank Account (Serial C).

As a result, the Defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

2. On March 26, 2018, a person who was unaware of the name of embezzlement made the victim E sell smartphones as if he/she were to sell smartphones, and made the victim E transfer KRW 3.50,000 to the account of the bank listed in paragraph (1). On the same day, as if he/she sold ORT sets to the victim F, he/she made the victim F transfer KRW 70,000 to the account of the bank listed in paragraph (1).

The Defendant, as seen above, transferred a total of KRW 10,50,000 to the B Bank account as described in paragraph (1) and kept the account. On March 27, 2018, the Defendant withdrawn KRW 10,50,000 from the cash payment machine for the branch offices within G B Bank located in Ansan-dong, Dongdong-dong, Seoul, and arbitrarily used it for the cost of living.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Details of financial transactions, replies related to the provision of financial transaction information, CCTV images, details of letters, and the application of Acts and subordinate statutes on receipts;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;