Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to six months of imprisonment for embezzlement and the crime of violating the Electronic Financial Transactions Act at the Ulsan District Court on September 10, 2015, and such judgment became final and conclusive on September 18, 2015.

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access used in electronic financial transactions;

Nevertheless, on April 23, 2012, the Defendant received a proposal for the sale of passbook from a person who was unaware of the name known through the Internet, and on the same day, opened a corporate bank account (B) in the name of the Defendant at the Yedong branch in Gwangjin-gu Seoul Special Metropolitan City, and received the passbook, cash card, body card, security card, and password from the above account, and transferred the means of access by displaying the above passbook, cash card, body card, security card, and password to the person who was unaware of the name by using Kwikkset Service.

2. On May 3, 2012, the Defendant discovered that at the cash withdrawal machine at the seat of the corporate bank branch in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, the victim C, who was accused of his name-based, deposited 140,000 won in the Defendant’s account. After receiving a re-issuance of the cash card, the Defendant embezzled the said account by consuming 140,000 won from the said account for living expenses, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s authentic statements and written statements;

1. Investigation report (verification A by who has contributed to the amount of damage, and appending written opinions on A-related cases);

1. Application of Acts and subordinate statutes on details of transactions, physical card attendance application, bank transaction documents, copies of resident registration certificates, account lists by account, and details of card issuance;

1. Article 49 (4) 1, Article 6 (3) 1, and Article 355 (1) of the Criminal Act regarding facts constituting an offense; Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act (the transfer of means of electronic financial transaction; the selection of fines);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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