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. Except as otherwise provided for in any other Act, no person who has violated the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, requesting or promising to receive, request or promise any compensation;

Nevertheless, on August 3, 2018, the Defendant received the proposal that “The e-mail card is leased with respect to the reduction of the tax of alcoholic beverage companies, shall be KRW 2.1 million per account, and shall be returned three days thereafter,” and accepted it. On August 16, 2018, the Defendant sent two e-mail cards to Kwikset service article, which are linked respectively to the account of the Association (Account Number: D) and the account of the E-bank (Account Number:F) in front of the Bade located in the area of not more than Daejeon Jung-gu.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

2. On August 17, 2018, the Defendant, as described in paragraph (1), delivered two physical cards as indicated in paragraph (1) and kept 5.5 million won, which was transferred to the Defendant’s account in the name of the victim G to the said account in the name of the Defendant’s bank account. On the same day, the Defendant voluntarily withdrawn KRW 1.3 million from the International Association’s office book located in Daejeon Jung-gu, Daejeon, and used it for personal debt repayment, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A written petition;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions and Transactions (a point of lending access media), Article 355 (1) of the Criminal Act (a point of embezzlement) and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order recognize the crime of sentencing under Article 62-2 of the Criminal Act.