Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

2. Since the Defendant was suspended from indictment for the same crime, the Defendant had three identical criminal records (two times of punishment, two times of suspended sentence, and one time of suspended sentence) and committed this case’s crime during the period of suspended execution. The Defendant’s lending account was used in the phishing fraud crime, resulting in damage.

However, the defendant recognized the crime of this case, and is in profoundly against the life of detention for about five months.

In the past, the Defendant agreed with the above fraud victim in the first instance.

In addition, considering all of the sentencing conditions shown in the instant case, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and the fact that the defendant should prepare the child support for his children, the sentence of the lower court is too unreasonable.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As seen in the part on the grounds of appeal for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as set forth in the Disposition, taking into account the unfavorable or favorable sentencing conditions of the Defendant.