A defendant shall be punished by imprisonment for six 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 any means of access, or store, deliver or distribute any such means of access with payment, demand or promise, unless otherwise provided for in any other Act;

A. On November 27, 2017, the Defendant committed a crime on November 27, 2017: (a) received KRW 3 million from a person in distress on the street in front of the Busan-gu B building in Busan-gu, Busan-do; and (b) delivered a physical card connected to the Busan bank account (Account Number: C) in the name of the Defendant through Kwikset’s service.

B. On December 1, 2017, the Defendant, at the same place as the above A around 14:00 on December 1, 2017, delivered a physical card connected to the new bank account (Account Number: D) under the name of the Defendant in the same manner and in the same manner at the same place as that of the above A.

As a result, the defendant agreed to receive two physical cards, which are access media, 3 million won each.

2. On December 2, 2017, the Defendant embezzled KRW 2,421,178 out of the above money to a new bank account (Account Number:F) in order to keep 6 million won from a new bank account (Account Number: D) held in the name of the Defendant around December 2, 2017 by deceiving the victim E to a phishing organization, and embezzled it by remitting it to a new bank account (Account Number:F) in return for credit card payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Photographs of the virtual account received from a new bank;

1. Application of Acts and subordinate statutes to a petition, written statement of the victim, and details of transfer of money from damage;

1. 범죄사실에 대한 해당 법조 ◎ 전자금융 거래법위반의 점: 각 전자금융 거래법 제 49조 제 4 항 제 2호, 제 6조 제 3 항 제 2호 ◎ 횡령의 점: 형법 제 355조 제 1 항

1. Selection of each sentence of imprisonment;

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: