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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access, or store, deliver or distribute a means of access in receiving, demanding or promising to receive or provide compensation.
Nevertheless, at around 19:00 on April 6, 2018, the Defendant: (a) received a proposal from a name-free person to “to repeatedly manipulate the transaction performance of the check if the check is sent; and (b) accepted the proposal, and then delivered the check card to the name-free person using the name-free person via a door-to-door card, etc. connected to the C bank account (D) in the name of the Defendant.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
"2019 Highest 1621"
1. Around February 2018, the Defendant violated the Electronic Financial Transactions Act: (a) hearing the Defendant’s home located in Seongbuk-si, Sungnam-si, to issue a check-to-face card to the Defendant’s name-free person; and (b) via Kwikset Service Articles, one check-to-face connected to the F Bank Account (G) in the name of the Defendant.
Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.
2. On February 21, 2018, the Defendant transferred the physical card specified in paragraph 1 at the Gangnam Branch of the F Bank located in Seocho-gu Seoul Metropolitan Government H on February 1, 2018, and then withdrawn KRW 5,979,000 at his own discretion while the victim I kept 5,979,000 for the said F Bank account under the name of the Defendant, and used it for personal purposes, such as living expenses.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
"2018 Highest 2713"
1. Defendant's legal statement;
1. A copy of each case transmission note;
1. Warrant and correspondence data, including details of financial transactions of Cbanks;
1. Investigation report, search and seizure warrant execution result - the name of the account holder and the seized checker; and