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.

On November 15, 2016, a name-free person who contacts the victim C, assumes the proxy D of the National Bank Credit Business Team D, and promptly redeems the loan to the account designated by obtaining credit card loans due to the lack of ordinary points, he/she may obtain a loan from the nearest point of view.

“Falsely speaking to the effect that “” was false, and the following day made a false speech to the victim E for the same purpose.

However, in fact, since the above person was not an employee of the National Bank, he did not have any intention or ability to provide a loan, and when the victims remitted money, he was thought to use the money in the phishing organization.

Nevertheless, as seen above, the above infer victims to the new bank account (F) account under the name of the defendant around November 16, 2016 from the victim E, and then receive KRW 15 million from the bank account under the name of the defendant on November 16, 2016, and from around the 17th day of the same month, the victim C received KRW 18 million from the victim C to the above account under the name of the defendant on the 16th day of the same month.

On November 16, 2016, the Defendant: (a) acknowledged that the above person was committing the crime of fraud; (b) provided that, by withdrawing KRW 33,00,000,000 out of the total amount of money obtained by defraudation of the victims deposited into the above account under the name of the Defendant and delivering the above name to the above person who was not the deceased; and (c) provided that he could easily commit the crime of fraud of the person who was not the deceased’s name by means of cash recovery.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of C’s authentic Acts and subordinate statutes

1. Article 347 (1) and Article 32 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 347 (1) and 32 (1) of the Criminal Act (elective of imprisonment);

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The following circumstances are the Defendant’s age, sex, family relationship, family environment, motive and means of committing the crime, on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances):