A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Defendant

B On November 5, 2015, the Jeju District Court sentenced two years of suspension of the execution of imprisonment with prison labor for a violation of the Military Service Act at the Jeju District Court on March 25, 2016, which became final and conclusive on March 25, 2016. On July 14, 2016, the same court was sentenced eight months of imprisonment with prison labor for a crime of aiding and abetting an offender, etc. and became final and conclusive on September 9, 2016.

1. On November 23, 2015, Defendant A received three million won in cash in return for transfer, and sent a physical card, which is a means of electronic financial transactions linked to the account of community credit cooperatives (D) under the name of the Defendant, to an unspecified party, and informed him/her of the password necessary for using it by telephone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

2. On November 24, 2015, Defendants A and B withdrawn the amount of KRW 12 million, which Defendant E transferred to the account of the Saemaul Savings Depository (D) that Defendant A transferred to an Buddhist person, from among others, to the account of the Saemaul Savings Depository (D) that Defendant A transferred to an Buddhist person, and used for the purpose of debt repayment, etc. at that time.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The authenticity of E, the police statement of E, the application for transaction, and the details of transactions;

1. Investigative reports (related to submission of suspect A data);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the judgment of the appellate court B by reference witness);

1. Article 49 (4) 1, Article 6 (3) 1, Article 355 (1), and Article 30 (1) and Article 30 (Joint Embezzlement; Selection of Imprisonment) of the Criminal Act: Defendant B: Articles 355 (1) and 30 (Joint Embezzlement; Selection of Imprisonment) of the Criminal Act;

1. Concurrent Handling (Defendant B): The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Concurrent Crimes (Defendant A): the former part of Article 37 of the Criminal Act;