A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant in violation of the Electronic Financial Transactions Act thought that he/she may use the check card, etc., which was issued by a person in a name in violation of the said Act, for the commission of the phishing crime. However, on August 22, 2016, the Defendant transferred the check card, two pages and passwords, respectively, connected to the national bank account (B) and the agricultural bank account (C) opened in his/her name, prior to the parking lot, to the owner of the on-site 512, a corporation in Spocheon-si, Spocheon-si, Spool-si, Inc.

2. The Defendant: (a) considered that the physical cards, etc., which were exceeded at the time and place as set forth in paragraph (1) may be used for the criminal act of licensing, but (b) transferred the physical cards, two pages, etc. to a person with no name.

Accordingly, on August 22, 2016, a name-free person called the victim D by phone, stating that “I would make a substitute loan to be provided by the Government, I would make a loan to a certified judicial scrivener account designated as one of the credit rating due to low credit rating, and would make a loan if I would transfer money to a certified judicial scrivener account designated as one of the credit rating,” and he received KRW 1,383,332 from the victim to the above national bank account of the defendant on the same day.

Accordingly, the defendant has attempted to take money from the victim as above and has prevented the victim from taking money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction details;

1. Articles 49(4)1 and 6(3)1 (a) and 347(1) and 32(1) of the Criminal Act concerning facts constituting an offense (a point of aiding and abetting fraud) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (which shall be between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (limited to accessories and aiding and abetting fraud) of the statutory mitigation;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)