A defendant shall be punished by imprisonment with prison labor 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

Except as otherwise expressly provided for in any other Act, no person of the 2017 Highest 4455 shall borrow or lend any access medium with the receipt, demand or promise of compensation.

Nevertheless, on February 22, 2017, at the front of Mapo-gu Seoul Metropolitan Government, the Defendant received a proposal to offer KRW 3 million per account in return for lending an account for one week from a person who misrepresented himself/herself as an employee of liquor companies, and consented to this, and sent a letter of physical card connected to the new bank C account in the name of the Defendant and the national bank D account in the name of the Defendant through Kwikset service article, and notified the password of the above physical card by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

On February 22, 2017, the Defendant: (a) received a proposal from a person without the name of the victim for lending an account to KRW 3 million per week; (b) sent a physical card, etc. connected to the national bank account opened in the name of the Defendant through Kwikset service provider, and then suspended payment for the following day to the so-called accident account; (c) the Defendant was aware of the fact that the victim E-owned KRW 7 million was deposited into the said account under the name of the Defendant by committing the so-called singing telephone financing fraud.

On February 24, 2017, the Defendant released KRW 900,000 at the branches of the National Bank M&C Integrated Financial Center located in the building of the 38 macro industrial building, as Mapo-gu Seoul, Mapo-gu, Seoul, at around 12:00 on February 24, 2017, while keeping the victim’s money, and embezzled it by arbitrarily consuming it.

Summary of Evidence

[2017 Highest 4455]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (a photograph of a paper containing letters on withdrawal), and a warrant of search and seizure verification (a reply to 2017 order 4751);

1. Statement by the defendant in court;

1. E statements;

1. Electronic financing;