Defendant shall be punished by a fine of KRW 10 million.

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

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 in receiving, demanding or promising any compensation;

Nevertheless, the Defendant borrowed the means of electronic financial transactions by receiving a proposal from a name-free person that “I will make 1 million won a day on which he/she borrowed a physical card for three days,” and accepting it. On October 22, 2019, the Defendant lent the means of access to electronic financial transactions by sending two physical cards connected to the D Association accounts (E and F) in the name of the Defendant on a selective basis to the address known by the winners of the name-free cards.

2. On October 23, 2019, a telephone financial fraud assistance employee in the name of embezzlement, by calls from the victim G at a place where it is impossible to know on or around October 23, 2019, led the victim G to “the H bank is a H bank. An application for a loan is filed after installing an I App, and if the existing loan is repaid, it would be repaid at low interest rate.” Accordingly, the victim wired KRW 6 million to the D Association account in the name of the Defendant (F) around October 24, 2019.

While the Defendant kept the money deposited in the Defendant’s association account as above, on October 24, 2019, he embezzled KRW 761,000 by arbitrarily using KRW 5,91,000 in total five times as shown in the attached Table of Crimes, including the transfer of KRW 761,00 to J as one’s credit repayment.

Summary of Evidence

1. The petition of the suspect interrogation protocol G of the defendant on the defendant's legal statement, text messages sent to the victim, the victim and the suspect's investigation report on the contents of the Kakakao conversation (receiving data on the H bank reply), and reply data;

1. Data on investigation reports (receiving of data on replys to cooperatives) and replies;

1. Application of the Act and subordinate statutes to a financial company code inquiry report (K) (hereinafter referred to as "CCTV"), a request for cooperation in investigation into CCTVs from the DF A account, a response data to CCTV, and a CD (CCTV video video);

1. Relevant Article 355(1)(Embezzlement) of the Criminal Act (Embezzlement) on criminal facts.