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. In using and managing a means of access, no person who violates the Electronic Financial Transactions Act may borrow or lend a means of access while requesting or promising to receive, request or promise any compensation, unless otherwise specifically provided for in any other Act;

Nevertheless, on March 2018, 2018, the Defendant received the message that “The Defendant borrowed a e-mail card for the purpose of tax reduction or exemption of liquor company, and paid 3.5 million won to the above e-mailed person if he borrowed the e-mail card,” and agreed to receive 3.5 million won to the above e-mailed person, and then, on the front of D’s road where the trade name in C cannot be known at the permanent residence of the same day, the Defendant opened one e-mail card connected to the e-bank account in the name of the Defendant to the Kwikseter.

As a result, the Defendant promised to receive the price, and lent the means of access necessary for electronic financial transactions to the name partner.

2. On March 8, 2018, at around 13:16, the Defendant: (a) transferred KRW 3.2 million from the victim G to the E bank account in the name of the Defendant to the E bank account (F) in the name of the Defendant, due to the Defendant’s fraud committed by the employees engaged in phishing operations; (b) transferred KRW 3.2 million from the victim G to the Defendant’s name of the E bank account in the name of the Defendant; (c) transferred KRW 2.4 million out of the money to the Defendant’s name of the Defendant’s account (number : L); and (d) arbitrarily consumed and embezzled the remainder KRW 800,000 to the Defendant’s account in the name of the E bank (number : N).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning G;

1. Application of Acts and subordinate statutes to a victim's account transaction statement and a statement of I account transaction statement under A;

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

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

1. The Criminal Act, the suspension of execution;