A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. On December 6, 2016, the Defendant violated the Electronic Financial Transactions Act: (a) received a letter tag stating “payment of three million won at the time of lending a card” from a person without his/her name from his/her name; and (b) intended to lend the check card connected to the account under the name of the Defendant to the person with no name.

On the same day, the defendant sent the physical card linked to the new bank account (C) in the front of the defendant's residence in Geumcheon-gu Seoul Metropolitan Government, through Kwikset service article, to the above name in the name of the defendant.

Accordingly, the defendant loaned the access media for electronic financial transactions in return for the promise of compensation.

2. The embezzlement: (a) around December 7, 2016, the Defendant voluntarily transferred KRW 5.94 million to the national bank account (E) in the name of the Defendant as indicated in paragraph (1) when the victim D transferred money to the account in the name of the Defendant, which was damaged by the fraud, to the account in the name of the Defendant; and (b) while keeping the said money for the victim, the Defendant arbitrarily transferred KRW 1.4 million to the national bank account in the name of the Defendant.

Accordingly, the defendant embezzled 1.4 million won in cash owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit verification;

1. Application of Acts and subordinate statutes, such as account transaction records;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 49(4)2 and 6(3)2 (a) of the Act on Electronic Financial Transactions in which punishment is chosen, and Article 355(1) (a) of the Criminal Act (Embezzlement and imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The suspension of execution of a sentence under Article 62(1) of the Criminal Act shall be suspended considering the confession of the reason for sentencing, the first offense, the amount of damage, the circumstances of the repayment of damage, the current student's age and the circumstances where there are many room for improvement, etc.