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Defendant
A Imprisonment for eight months and Defendant B shall be punished by a fine of 5,00,000 won. Defendant B shall be punished by the said fine.
Reasons
Punishment of the crime
1. Defendant A, Defendant B, and D (transfer to the Prosecutorial Office of the Ministry of National Defense on the same day) known that the amount of money deposited in the account to be transferred is remitted to the account holder on the Internet when transferring the passbook to the person under whose name the passbook was purchased on the Internet, etc., and then known the details of the money deposited in and withdrawn from the account to be transferred to the account holder on the name of the head of the passbook, after transferring the passbook and the means of access to the account, and withdrawing the money deposited in the above account.
No person who violates the Electronic Financial Transactions Act may transfer or take over a means of access or lend a means of access in return for any compensation therefor.
Nevertheless, around November 18, 2014, the Defendants and D agreed to receive the price from the Defendant’s name-free passbook solicitor, which he/she became aware of through the Internet, and transferred the passbook of the national bank account (Account Number: G) in the name of the Defendant B and the physical card connected to the above account to the Kwikset through Kwikset Service.
Accordingly, the Defendants conspired to transfer the means of access.
B. On November 20, 2014, at around 18:32, Defendant B withdrawn KRW 59.10,000 from the cash withdrawal machine using a physical card connected to the family bank account in Ulsan-gu, Ulsan-gu, Seoul-gu, and then arbitrarily consumed the amount of KRW 5.910,00 from the cash withdrawal machine by dividing it into Defendant B and D, and then dividing it into Defendant B and D, the amount of KRW 5.10,000,000,000,000 for the victim H’s deposit account into the national bank account transferred under the same paragraph. D notified Defendant A of such fact. Defendant A notified Defendant A of such fact. Defendant A around 18:36 of the same day, Defendant A used a physical card connected to the family bank account in order to use it as the family bank account.
Accordingly, the Defendants embezzled 5.10 million won in collusion with D.
2. Defendant A’s sole criminal conduct.