A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

1. A person violating the Electronic Financial Transactions Act is prohibited from transferring a means of access for electronic financial transactions to another person without permission. However, on November 23, 2015, the Defendant transferred the means of access by delivering two times the means of access under the name of the Defendant through a delivery service article on the front side of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, under the circumstances where it is sufficiently foreseeable that his/her account may be used for the crime of telephone financial fraud, with a proposal that “the Defendant shall create the transaction performance and inform the opening number to the loan, and request to send the e-mail card connected to the account.”

2. The embezzlement: (a) around November 26, 2015, the Defendant: (b) transferred KRW 11,955,000 to a new bank account under the name of the Defendant in the name of the Defendant under Paragraph (1) by deceiving the victim E from an employee of the telephone financial fraud group; (c) the Defendant was aware of the deposit of KRW 11,95,000 through the mobile phone financial transaction notification service; and (d) the Defendant was aware of the deposit of KRW 11,95,000; and (c) the Defendant should withdraw money after checking whether the said money was deposited in accordance with appropriate procedures; and (d) the Defendant should withdraw money after confirming that the money was made available; (e) however, the amount of KRW 1,150,000 out of the said money was transferred to the industrial bank account under the name of the Defendant; (e) used KRW 175,150,000 for the use of living expenses, etc.; and (e) used the remainder of the money transferred to the account under the Defendant’s name of 3.484.