A defendant shall be punished by imprisonment for six months.

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

Criminal facts

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium, except as otherwise expressly provided for in any other Act, or lend or take over any access medium in return for promising to receive any consideration;

Nevertheless, on June 2016, the Defendant: (a) sent a phone call from a person without his/her name, and (b) sent it to acquire cash; (b) promised to receive KRW 500,000 per access medium from a person without his/her name on the roads front of the Suwon-si Station of Gyeonggi-do, and sent the physical card to the one bank account (B) opened in the name of the Defendant; and (c) notified the password to the phone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

2. The Defendant, as described in paragraph 1, lent a accessible medium, received a phone call from a person who is not his/her name as specified in paragraph 1, and sent money to a designated account by withdrawing money because he/she does not receive any withdrawal.

“Discing” was offered, and even though he was aware of the fact that a person in name was committing a crime of Bosing, he did not want to withdraw the amount of damage from the Defendant’s account by taking advantage of the circumstances in which the amount of damage was deposited into the Defendant’s account, and used it for entertainment expenses, etc.

On July 6, 2015, the Defendant, at around 15:15, withdrawn 7.5 million won out of the total amount of 2.6 million won owned by the victim C, which was remitted to the account of the suspect by deception from South Korea bank near the Suwon Station, and used it as entertainment expenses. On the same day, the Defendant withdrawn 90 million won again around 22:06, and used it as entertainment expenses.

Accordingly, the defendant, who was remitted to the defendant's account by deception, has embezzled cash of 1,650,000 won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The certificate of transfer confirmation;