A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend or lend any access medium to another person while receiving, demanding or promising to receive, demand or maintain any access medium;

Nevertheless, on June 2018, the Defendant would lend the physical card from a person who was in the name of a police officer in the middle of 2018 to a third party for KRW 3 million per day.

“On the receipt of letters, “” agreed to receive money in return for a personal name in return for a letter, and then, on July 19, 2018, at around 14:00, from B in the Gyeongbuk-gun, to the new bank account (number : C) in the name of the Defendant, one check was sent to the person in whose name the name the personal name was non-personalized.

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

2. On July 20, 2018, the Defendant: (a) voluntarily withdrawn KRW 3 million from the new bank account (number C) deposited by the victim D in the name-based bank account under the name of the Defendant; and (b) embezzled the said KRW 3 million while he/she kept for the victim, at a new bank uniform branch located at the Daegu North-gu airport via 3, Daegu North-gu Airport; (c) around 15:40 on July 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Copy of remittance receipt;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to data to a CCTV withdrawn in cash) and a criminal investigation report (limited to a photograph of a CCTV withdrawn in cash);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 49(4)2 and 6(3)2 (a) of the Act on Electronic Financial Transactions (a point of lending access media), Article 355(1) of the Criminal Act (a point of embezzlement) and each choice of imprisonment with labor;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was clearly perceived that the defendant will be used for illegal purposes, but lent the access media.