A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than six months for a crime of No. 2 of the judgment of the court below.

Punishment of the crime

[Final Judgment] On September 27, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment in the Busan District Court on June, 2017, and the judgment became final and conclusive on December 22, 2017.

1. No person shall borrow or lend a means of access to electronic financial transactions in return for any request or promise to receive compensation;

Nevertheless, around 18:00 on January 10, 2018, the Defendant promised to receive KRW 10 million in return for the lease of three physical cards in front of the Geumcheon-gu apartment security room in Busan, the Defendant lent two accounts of community credit cooperatives in the name of the Defendant and three physical cards linked to the accounts of community credit cooperatives in the name of the Defendant and the accounts of community credit cooperatives in the name of the Defendant C.

Accordingly, the defendant agreed to receive compensation and lent the passbook and check card, the means of access to electronic financial transactions.

2. [Attachment 2018 Highest 3931]

A. (i) On March 6, 2017, the Defendant called the victim D by phoneing the victim D at an irregular site, and saying, “I wish to pay the remodeling expenses to the Plaintiff within one month from the borrowing of the remodeling expenses to operate the amusement establishment.”

However, in fact, the Defendant borrowed money from the victim to pay the loan amounting to approximately KRW 120 million to financial institutions, KRW 65 million to the lender, and the credit card payment liability. The Defendant did not have an intention or ability to pay the loan even if there was no special property to borrow money from the victim.

Nevertheless, the Defendant, by deceiving the victim, received delivery of KRW 10 million in total from the victim to the account of community credit cooperatives under the name of his/her own child C on the same day, including KRW 8 million on March 7, 2017, and KRW 23 million on March 9, 2017.

B. On May 4, 2017, the Defendant called the victim D and borrowed the amount of KRW 10 million in front if the Defendant borrowed the same as the amount borrowed in advance because he/she did not think that his/her business establishment would not be a funeral.