Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access with the knowledge that such means will be used for a crime or for a crime;

Nevertheless, around May 2, 2018, the Defendant received one physical card connected to B bank account (Account Number: D) from a person in non-name, and kept it until March 3 of the same month, knowing that the above physical card was used for crime.

2. Around May 3, 2018, the Defendant: (a) confirmed the deposit of KRW 6 million with the victim I’s Bosing damage to the account in the name specified in the preceding paragraph at H Bank located in the 2nd line G located in Mapo-gu Seoul Mapo-gu, Seoul; and (b) withdrawn the deposit and used it for personal purposes, such as living expenses, repayment of debts, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The contents of the internal investigation report (related to CCTV image withdrawal), CCTV images, and J dialogue [the Defendant is led to the instant crime, but the legal issues relating to the establishment of embezzlement are examined ex officio. Where the deposit account opened by the account holder was used to commit the so-called Bosing crime and the victim wired or transferred the amount of damage to the account, if the account holder is not the accomplice of the Bosing crime, the account holder is in the position to keep the amount of damage for the victim (see, e.g., Supreme Court en banc Decision 2017Do17494, Jul. 91, 2018). However, in this case, the Defendant is not the account holder, and the said judgment cannot be invoked as it is.

On the other hand, the custody of the property in embezzlement means the state of de facto or legal control over the property, and the custody should be based on the consignment relationship.