A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall lend a means of access under the Electronic Financial Transactions Act to any third party, promising to receive compensation;

Nevertheless, at around 14:00 on November 25, 2017, the Defendant received a proposal that “the crow shall be paid KRW 3 million per sheet if he/she lends the crow card for three days.” On November 25, 2017, the Defendant sent two physical cards connected to the d bank account (E) and the F bank account (G) in the name of the Defendant, the means of access, to Kwikset service.

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

2. The Defendant, at the same time and place as above, opened two physical cards connected to the above account, informed the account number and password, and the nameless person misrepresented the director of the hospital where the victim was employed by the victim H on the 29th day of the same month, and caused the victim to transfer the account to the said D bank account by falsely concluding that “The settlement would be done instead of account transfer is impossible due to an error in the certificate of official seal.”

On the same day, while the Defendant received money from the victim who was unaware of his name from the victim, and kept it in the said D Bank account, the Defendant reported the loss of the Cock Card so that the person who was unaware of his name could not use the said account, and embezzled it by voluntarily visiting D Bank to withdraw the cash amount of KRW 5 million and using it for repayment of his/her obligation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Details of deposit transactions and replies;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed statement of account transactions in the F Bank);

1. Articles 49(4)2 and 6(3)2 (a) of the Electronic Financial Transactions Act and Article 355(1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;