A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;

Nevertheless, around 15:00 on July 22, 2016, the Defendant received 3,000,000 won from the windowping point of the trade name “C” in B, and transferred passbook and physical card connected to the Defendant’s Saemaul Treasury Account (D) in the name of Kwikset Service.

2. Around July 25, 2016, the Defendant: (a) around July 25, 2016, deposited KRW 8,000,000 into the Saemaul Treasury account under the above 1.

The Defendant embezzled KRW 5,286,140 by arbitrarily consuming the amount of KRW 1,186,140 by transferring KRW 4,100 to the account (G) in F’s name in order to pay personal debts, while keeping the money owned by the victim in Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, as above, and paying the Defendant’s fine for negligence 1,186,140.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on internal accidents;

1. Application of Acts and subordinate statutes confirming payment of fines for negligence related to motor vehicles, such as a certificate of verifying transaction details, an application for deposit registration, a certificate of compulsory repayment, etc., mobile phone text, telephone call details, etc. sent by the unpaid winners, personal information on account holders,

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Trade (a point of transfer of access media) and Article 355 (1) of the Criminal Act concerning facts constituting an offense (a point of embezzlement)

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (which shall be between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria and the crimes of violating the Electronic Financial Transactions Act shall not be set the sentencing criteria;