A defendant shall be punished by imprisonment for 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. No person who violates the Electronic Financial Transactions Act shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of the user and the details of such transaction in receiving, demanding or promising the payment, unless otherwise specifically provided for in any other Act;

Nevertheless, on May 8, 2018, the Defendant listened to the statement that “on the face of lending an account to be used by our company, the Defendant would pay KRW 3.8 million as rent,” and on the same day, the Defendant sent the above account number and password to the person who was not the name, via a door-to-door copy of the check card connected to the Defendant’s account under the name of the Defendant at the Defendant’s residence located in Songpa-gu Seoul Metropolitan Government (D).

Accordingly, the Defendant promised to pay in the above manner and lent the means of access.

2. On May 9, 2018, the Defendant received KRW 4,112,680 from the victim E to the Defendant’s Cbank account as indicated in paragraph (1) and embezzled KRW 3,400,000 out of the above money to the Defendant’s G bank account. While the Defendant kept the money for the victim, he/she was not required to withdraw only KRW 700,000 from the Defendant’s account holder in the name of the victim. On the first day of the increase of the payment limit, the Defendant embezzled the money by transferring KRW 3,40,000 out of the money to his/her other account in the way of using it by the Defendant’s account at the request of the Defendant’s G bank account.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. Application of this Act and subordinate statutes to a full statement of personal financial transactions, written response to financial statements, and written text messages;

1. Relevant Article 355(1) of the Criminal Act, the choice of punishment for the crime, Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (a point of lending access media), and the choice of imprisonment with prison labor;

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

1. The Criminal Act, the suspension of execution;