A defendant shall be punished by imprisonment for not less than eight 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. In using and managing the means of access necessary for electronic financial transactions, no person who violates the Electronic Financial Transactions Act may transfer the means of access, unless otherwise specifically provided for in any other Act;

Nevertheless, around November 27, 2019, the Defendant: (a) proposed that “a loan may be made up to 20,000 won at the interest rate of 3% per month; (b) a loan will be made if the Defendant sent the check card used because interest corresponding to the monthly loan could not be received through the passbook; (c) the Defendant sent a copy of the check card connected to the bank account in the name of the Defendant at the post office of the Ansan-si, Ansan-si, the semi-public corporation’s movable property, at the post office located in the name of the Defendant, at the post office of the Ansan-si, sent the check card to the post office’s house; and (d) notified the password to the Kakaok.

Accordingly, the Defendant transferred the means of access necessary for electronic financial transactions.

2. As described in paragraph (1), the Defendant provided the account number, etc. of an enterprise bank in the name of the Defendant to the person in distress as stated in paragraph (1). Since then, the person in default of name calls the victim C at a non-permanent place on November 28, 2019 to the victim C, the Defendant assumes the person in charge of loans of the D Bank in the absence of the intent or ability to lend the funds to the victim. The Defendant falsely stated that “When the credit rating is raised by repaying the existing loan to the designated account, it is possible to lend KRW 30 million at a low interest-based discount.” Accordingly, at around 18:11 on the same day, the Defendant received KRW 6,568,00 from the victim to the corporate bank account in the name of the Defendant.

On November 29, 2019, while the Defendant kept the money deposited as above for the victim, the Defendant transferred the above amount of KRW 6,568,00 from a half-month point of a corporate bank located in Ansan-si, Nowon-si to the account of the corporate bank (B) in the name of the Defendant, and embezzled the property of the victim for personal purposes such as living expenses.

Summary of Evidence

1. The details of each account transaction in the statement C in the Defendant’s legal statement;