A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act may transfer or acquire a means of access, or may borrow or borrow a means of access while demanding or promising to receive compensation therefor;

Nevertheless, around December 1, 2014, the Defendant received 200,000 won from the Kokkset service to his name-free person through Kwikset service, and issued one passbook and one check card to the national bank account (Account Number B) in the name of the Defendant.

Accordingly, the Defendant transferred the means of access as above.

2. Around December 1, 2014, the Defendant: (a) transferred a passbook to the national bank account (Account Number B) opened in the name of the Defendant as above and a check card to the bearer; and (b) became aware of the fact that the victim C deposited KRW 970,000 in the name of the victim C through the so-called Bophishing ( telephone financial fraud).

As above, while the Defendant kept the victim’s money, 970,000 won was transferred from the Defendant’s house located in Orcheon-gu E to the Defendant’s corporate bank account (Account Number F) through Internet banking on the same day and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Certificates of details of transactions and detailed statements of transactions;

1. A specification of transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on checking details of transfer of a scam and deposit of related accounts);

1. Article 49 (4) 1, Article 6 (3) 1 (a) and Article 355 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;