A defendant shall be punished by imprisonment for four 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. 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, the Defendant, on September 7, 2016, received a text message from a person in the name of the deceased, and contacted with the number of the message sent, and “I will give KRW 1,500,000 per month when sending the account.”

“On the same day, Kwikset Card 1 and password connected to the post office (C) account in the name of the Defendant at the south-gu Incheon Metropolitan City front of the Defendant’s residence, which is the Defendant’s residence, was sent to the above name in return for the promise to receive the price.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

2. On September 8, 2016, the Defendant: (a) transferred KRW 7,00,000,000 out of the said money to the account of the post office (C) in the name of the Defendant to the Defendant’s account in the name of the Defendant by deceiving the victim D, who was in custody of the victim on September 17:39, 2016; (b) transferred the said money to the account of the Nonghyup Bank in the name of the Defendant; and (c) subsequently, (c) took out the money to the account in the name of the Defendant; and (d) consumed 69,300 won for the purchase price of goods.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions (a violation of the Electronic Financial Transactions Act), Article 355(1) (a) of the Criminal Act, 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. The suspended sentence of Article 62(1) of the Criminal Act embezzled money that entered one’s passbook in the crime of violating the Electronic Financial Transactions Act for the reason of sentencing.