A defendant shall be punished by imprisonment for not more than ten 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. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall promise to lend the means of access to any compensation unless otherwise specifically provided for in any other Act;

Nevertheless, around July 24, 2019, the Defendant received a proposal that he borrowed KRW 5 million from a person who is not his name, before the Defendant’s house located in Yongsan-gu, U.S., U.S.-gu, Gyeonggi-do, and lent a means of access that is used in electronic financial transactions by notifying the Defendant of the password to a male under his name, who is connected with the D Association (E) account in the name of his father C. In addition, the Defendant borrowed a means of access that is used in electronic financial transactions.

2. On July 25, 2019, the Defendant embezzled: (a) around 12:02, at the H association located in Seocho-gu, Busan-gu, U.S., U.S. G, for the promotion of the game; (b) while the victim I was committed the so-called telephone financial fraud from a person who was unaware of his/her name and was in custody of KRW 3 million deposited into the D Association account in the name of C (E) that is his/her father’s father for the victim, the Defendant embezzled the said money by withdrawing it in cash with the knowledge that the said money was the damage from telephone financial fraud; and (c) then

Summary of Evidence

1. Statement of statement to I by the police of the defendant;

1. Application of one of the Acts and subordinate statutes to a photograph and output, such as a detailed statement of transactions, a statement of financial transactions, a copy of the detailed statement of entry and withdrawal of deposits, to take a course by cutting down NAmers, cutting down NAs, and printing out;

1. Relevant Articles 49(4)2 and 6(3)2 (a) of the Electronic Financial Transactions Act concerning criminal facts, Article 355(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in lending the means of access, while arbitrarily embezzled the money deposited in the account despite the same kind of power, and the accused is not good to be punished, and the victim’s letter is also received.