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

except that 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. Unless otherwise specifically provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend a means of access while requesting or promising to provide or receive any compensation;

Nevertheless, around June 25, 2019, the Defendant listened to the phrase “a request to send a physical card so that 3 million won can be withdrawn from the monthly interest rate of 3%” from a person who misrepresented the personal money B’s agent, and around July 3, 2019, the Defendant issued a physical card connected to the E (F) account in the name of the Defendant in Daegu-gun-gun C, and notified the password of the said account by the Kakao Stockholm message.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

2. On July 3, 2019, the Defendant, at the interest rate of 3% per month, sent a physical card to the Defendant to withdraw interest from lending KRW 3 million, in response to the proposal by the Defendant’s employees of the scaming operations, the Defendant sent a physical card in response to the proposal by the employees of the scaming operations, one copy of the physical card connected to the account under the name of the Defendant (F) and the password was also informed.

On July 4, 2019, the Defendant deposited KRW 10 million in the above account in the name of victim G, and then withdrawn KRW 6 million in cash, and transferred KRW 3.99 million in the name of H to the account under the name of H, and then came to know that the amount of KRW 3.99 million in the name of H remains in the remaining account after re-transfered to the Defendant’s above account. On July 10, 2019, the Defendant used smart banking for the payment of automobile insurance premiums, loans, and installment payments by transferring KRW 3.5 million among them to the Defendant’s account under the name of the Defendant E (I).

As a result, the Defendant arbitrarily consumed and embezzled 3.5 million won while he was in custody of the money remitted by mistake in the Bosing crime by the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. G.