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

[Basic Facts] On May 4, 2015, the person who was not the victim's name was called the victim C and the victim was the D investigator of the Busan District Public Prosecutor's Office, and the victim's passbook is used for the crime related to illegal gambling funds and needs to conduct an investigation.

After notifying the purport that “the victim is to conduct an investigation by summary means of long distance, the phone call was replaced to another person under the name of the victim who misrepresented the inspection, and the person under the name of the victim was false to the effect that “the victim is required to confirm whether or not the victim has been a victim, entering the victim’s official certification code, account password, and the OTP number was changed by telephone” to the victim, and then the victim was allowed to have the victim enter the victim’s official certification code, identification number of the victim’s bank account, and password of the bank account in the victim’s name, etc., and sent the OTP security card number from the victim’s personal information on the same day by using the victim’s personal information acquired.

[2] On May 4, 2015, the Defendant: (a) explained to the effect that “the Defendant would withdraw the money deposited in the passbook A in lieu of allowing the Defendant to obtain a loan from the Defendant’s money to the Defendant’s money; and (b) transferred the company’s high money to the Defendant, and then receive it again; (c) withdrawn KRW 28 million from the victim’s bank account deposited to the Defendant’s national bank account in Gangnam-gu, Seoul; and (d) using the same method, the Defendant sent KRW 14 million from the Defendant’s first two branch offices of the National Bank of Seocho-gu, Seoul, Seocho-gu, Seoul, to the Defendant’s employees; and (e) withdrawn KRW 28 million from the Defendant’s personal bank account in Seocho-gu, Gangnam-gu, Seoul; and (e) at the present point of issue at the National Bank of Korea in Seocho-gu, Seoul.