A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person of 2018 shall lend any access medium with the use or management of an electronic card, electronic information equivalent thereto, certificate, password, and other access medium used in electronic financial transactions.

Nevertheless, on November 13, 2017, the Defendant received contact from a person who was in the name of the Daegu Metropolitan City to lend a Kakao Stockholm message with the Kakao Stockholm, and consented to such contact, and then lent the access media in electronic financial transactions by sending Kwikset Card connected to the Kakset Account (Account Number C) to a person who was in the name of the Defendant on November 23, 2017.

On November 24, 2017, the Defendant, “2018 Highest 2711, the Defendant, while having taken custody of KRW 5 million transferred to the Daegu bank account under the name of the Defendant by the victim D, who was deceiving the lending company, by misrepresenting the lending company, at his/her own discretion, and embezzled KRW 5 million out of the said money at the location of Nowon-gu, Daegu Nowon-gu, Seoul, Nowon-gu, Seoul, and 169, the Defendant arbitrarily withdrawn KRW 169,000,000 from the said money at the location of Nowon-gu, Seoul, Nowon-gu, 201.

Summary of Evidence

[2018 Highest 1244]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of entry and withdrawal transactions and a detailed statement of account transactions;

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to Ctv outputs;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on the Electronic Financial Transactions and Transactions in the relevant Act concerning the facts constituting an offense, and Article 355(1) of the Criminal Act (the occupation of embezzlement and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the recommended sentence].