A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 unless otherwise specifically provided for in any other Act in using or managing the access medium;

Nevertheless, on December 23, 2016, the Defendant transferred a physical card connected to the bank account (C) in front of Seongbuk-gu Seoul, and transferred the access media through Kwikset service.

2. On December 26, 2016, when the victim D transferred KRW 6.7 million to the above bank account as the victim D’s inception crime, as stated in paragraph 1, to the company bank account in the name of the Defendant on the same day, the Defendant embezzled KRW 1.6 million among them to the company bank account in the name of the Defendant; KRW 2 million to the E account in the name of the Defendant; KRW 5.30,642 to the bank account in the name of the Defendant; and KRW 3,30,642 to be arbitrarily used by transferring KRW 3,30,642 to the bank account in the name of the Defendant; and KRW 5.30,642 to the G account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Statement of automatically entering and withdrawing cash, official verification certificates, and reply to financial transaction information;

1. Application of Acts and subordinate statutes to report on investigation (verification of repayment of damage: Listening to victim telephone statements);

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. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Each of the crimes of this case with the reason for sentencing Article 62-2 of the Social Service Order Criminal Act is a transfer of an electronic financial transaction access medium connected to the new bank account in the judgment that the defendant could be abused for a crime, and embezzlement of the money of the bank account in the judgment that Bosphishs deposited by the victim of Bosphishing using the opportunity and arbitrarily uses it. The circumstances, method, etc. are as follows.