Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Unless otherwise specifically provided for in any other Act, no person violating the Electronic Financial Transactions Act may lend the means of access while receiving, demanding or promising the payment for the use and management of the means of electronic financial transactions, etc., the Defendant, despite having received a proposal from a person who is unable to know his/her name before the Gwangju-dong Horse race track, sent a check card to a person who is not aware of his/her name, i.e., a check card and a password connected to the B bank account (C) under the name of the Defendant using Kwiksetkset’s service, and sent the check card to a person whose name is unknown.

As a result, the Defendant promised to lend the means of electronic financial transactions in return for the intangible expected profit of receiving future loans.

2. On May 13, 2019, a person whose name of embezzlement is unknown refers to a false statement to the victim D to the effect that “a loan is made if part of the present loan is repaid,” at a place where the location is unknown, and that “a loan is made if any part of the present loan is repaid. E in arrears is left to and out of a deposit amount of five million won.” Accordingly, the victim had the victim remit KRW 5 million to the B bank account under the name of the said Defendant around May 14, 2019.

On May 15, 2019, while the Defendant kept KRW 5 million remitted by the victim, the Defendant withdrawn KRW 1 million from the regular branch of the Bbank located in Seo-gu, Gwangju on May 13:46, 2019 and arbitrarily used it as the hospital expenses of the branch.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Determination as to the defendant and his/her defense counsel's assertion on the details of deposit transactions and requests for provision of financial transaction information

1. The Defendant and the defense counsel considered the Defendant as a procedure for obtaining a loan and provided a means of access, such as physical cards, to the means of access.