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

Punishment of the crime

【Criminal Power】 On May 14, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for larceny and one year of suspended execution at the District Court of the Republic of Korea, which became final and conclusive on May 21, 2014.

【Criminal Facts】

1. No person who violates the Electronic Financial Transactions Act shall transfer the means of access in using and managing the means of electronic financial transactions;

Nevertheless, at around 17:00 on July 20, 2014, the Defendant sent a physical card and password to one bank account (C) opened in the name of the Defendant in accordance with the proposal of the one who was named in the name of the Defendant, to offer money for lease, and transferred the means of access to electronic financial transactions through Kwikset Service.

2. When the embezzlement Defendant and D deposited money into the said one bank account that was transferred to another person, the Defendant and D conspired to withdraw the money after transferring the money to the Nonghyup account opened in the said name.

On July 21, 2014, when the Defendant came to know that KRW 5,50,00 was deposited in the Defendant’s single bank account that was transferred to a person who was named in the name, as set forth in paragraph (1) of this Article, the Defendant embezzled by voluntarily consuming KRW 5,00,000,000, which was kept in the said account by deceiving the victim E from the victim E, and by arbitrarily consuming it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. F financial transaction information and A financial transaction information;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act, Articles 49(4)1 and 6(3)1 of the Act on Electronic Financial Transactions (the transfer of means of access to electronic financial transactions), Article 355(1) of the Criminal Act, Article 30 of the Criminal Act, the choice of imprisonment with labor, and the choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.