A defendant shall be punished by imprisonment for six 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. No person who violates the Electronic Financial Transactions Act shall transfer or acquire the means of access in using and managing the means of access under the said Act;

Nevertheless, around December 4, 2017, the Defendant used Kwikset Service, etc. a physical card and passbook connected to B Bank Account (C) under the name of the Defendant to the name poor person.

Accordingly, the Defendant transferred the means of access under the Electronic Financial Transactions Act.

2. Around 17:50 on December 5, 2017, the Defendant received a transfer of KRW 8 million from D to B bank account (Account Number C) in the name of the Defendant, and kept for the victim, the Defendant used the Defendant’s mobile phone E installed in the Defendant’s mobile phone to transfer KRW 1.39 million among them to B bank account (Account NumberF) in the name of the Defendant and consumed it at will.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of transactions by account, and details of transfer;

1. Application of Acts and subordinate statutes concerning liquidity transactions (A);

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)2 of the Electronic Financial Transactions Act (in cases of transfer of access media), Article 355(1) of the Criminal Act (in cases of embezzlement) and the selection of imprisonment for each sentence;

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. An unfavorable circumstance is that the means of access beyond the Defendant’s reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was used for the crime of Bophishing and partly embezzled out of the amount acquired through deception, and that the damage has not been recovered.

However, the records and trial process of this case, such as the defendant's age, character and behavior, environment, occupation, motive and consequence of the crime, and circumstances after the crime, are shown in favorable circumstances, such as the fact that the defendant recognized the crime, and there is no record of punishment exceeding the fine.