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

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

Punishment of the crime

1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend any means of access while receiving, demanding or promising to receive compensation in using or managing any medium access to electronic financial transactions;

Nevertheless, on August 2, 2016, the Defendant was contacted with the following purport: (a) on August 2, 2016, the Defendant: (b) from a person in an irregular name, one account was lent from his/her mobile phone to another; (c) “on the other hand, he/she would give two million won for the two weeks if he/she lends one account to use a tax account.”

On the front day of the “C” in Daegu-gu Office B around 16:00 on the same day, the Defendant sent the physical card associated with the national bank account (D) under the name of the Defendant to his name in Kwikset Service and notified the password of the said physical card to Kakao Stockholm.

As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.

2. The embezzlement: (a) the Defendant subscribed to smart banking services connected to the above national bank account that he lent to his name in person; and (b) when the money was deposited from others to the above national bank account, he had the mind to use it at his own discretion.

On August 3, 2016, the Defendant: (a) transferred the said money to the Defendant’s new bank account (F) using smart banking services, even though he knows that the said money was not owned by himself, and that it was impossible to use it at his own discretion and should return it, the Defendant used the said money to the Defendant’s new bank account (F) using smart banking services.

Accordingly, the defendant embezzled 1.5 million won of the victim's money deposited in the defendant's passbook.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. E.