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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium while receiving, demanding or promising any consideration in using or managing the access medium;

Nevertheless, on October 2016, the Defendant: (a) received the proposal from a person in the name of a police officer in the name of the first police officer, stating that “When a large amount of money was paid to operate a corporation, the Defendant would have a tax problem; and (b) would pay KRW 3 million to another person’s account; (c) on October 6, 2016, the Defendant sent a physical card connected with the Defendant’s new bank account (Account Number:B) under the name of the Defendant using Kwikset on the service at a non-permanent-gu office-based place located below the name of the Defendant.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

2. On October 10, 2016, the Defendant, at the Daegu central branch of a new bank located in Jung-gu, Daegu on or around 10, 2016, sent a fee to the victim C, who would make a loan at low interest.

“C.” The purport of the crime was that, while withdrawing KRW 60,000 out of KRW 9.6 million transferred to a new bank account (Account Number D) in the name of the Defendant, the Defendant embezzled the said money by consuming living expenses, etc., even though the Defendant was demanded by the injured party to return the money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Statement made by the police against C;

1. C’s petition;

1. Application of Acts and subordinate statutes verifying details of deposit transactions;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 49(4)1 and 6(3)1 (a) of the Act on Electronic Financial Transactions (a point of transfer of access media), Article 355(1) of the Criminal Act (a point of embezzlement) and each choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution is the basic area (4 months to 100 million won).