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

On November 15, 2019, the Defendant, while receiving a loan consultation from a person under whose name the Defendant had misrepresented B bank staff at a non-defluence place via Kakakao Stockholm, was informed of the account number (D) in the name of the Defendant, and around November 26, 2019, the victim E (the age of 47) was aware of the fact that he was subject to a telephone financial fraud and deposited KRW 5,00,000 to the said account.

On November 27, 2019, around 15:18, the Defendant kept the said money in custody for the victim at C Bank C Bank support points located in C BankF on Jeju, which was then embezzled by withdrawing the said money in cash and voluntarily consuming the said money with personal debt repayment, even though he was aware that the said money was a source of damage by telephone financial fraud.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of statement E prepared by the police officer;

1. Entry of a written appeal in E preparation;

1. To describe the details of transactions by the receiving period / customer, details of the financial transaction in regional concentration cooperatives, and descriptions on the Kakao Stockholm dialogue;

1. Application of video Acts and subordinate statutes to the Kakao Stockholm screen output;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment under law] : (a) one month to five years [the decision of a sentence] ; (b) embezzlement, breach of trust; (c) 1 type (less than 100 million won) ; (d) mitigation element : In the case of embezzlement : serious reflective element : [the scope of recommending punishment] in the case of embezzlement : [the scope of recommending punishment] in the basic area ; (d) four months to one year and four months ; (e) in the case of imprisonment with prison labor ; (e) unagreement - There is no criminal conviction or more before suspension of execution [the decision of a sentence] - There is no positive general reference reason - The defendant has been sentenced to imprisonment with prison labor for four months or more; and (e) the defendant was from the Jeju District Court of September 19.