A defendant shall be punished by imprisonment for four months.

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

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, on August 27, 2018, the Defendant received a proposal that “the Defendant would pay 800,000 won per day if he borrowed a e-mail card for the purpose of evading liquor prices” from the person who was not the name of the Defendant, and consented thereto, and then sent e-mail card to the person who was not the name of the Defendant, which is linked to the B bank account (Account Number: C) in the name of the Defendant.

Accordingly, the Defendant promised to pay and lent the means of access used in electronic financial transactions.

2. As described in paragraph 1, the Defendant borrowed one check card connected to the B Bank Account (Account Number: C) in the name of the Defendant and received money deposited in the said account from the person with no name to use it at will.

On September 3, 2018, the Defendant knew that the victim D transferred KRW 3 million to a Bbank account (Account Number: C) in the name of the Defendant, and transferred it to another account on the same day and used it at will.

As a result, the Defendant arbitrarily consumed and embezzled the money that the victim had left in custody by mistake in the crimes of Bosing.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to certificates of account transfer and certificates of account transaction;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a means of lending access to a crime), Article 355 (1) of the Criminal Act (a point of embezzlement) and the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the heavier punishment provided for in the crime of embezzlement);

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).