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

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

Punishment of the crime

On July 20, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of aiding and abetting fraud at the Daejeon District Court on July 20, 201, and the said judgment became final and conclusive on December 8, 2017.

Criminal facts

On July 24, 2017, around 15:48, the Defendant: (a) at the point of origin of the measure to be taken by Han Bank Co., Ltd. located in Sejong-si, Sejong-si; (b) at the point of origin of the measure to be taken by Han Bank; (c) at one bank account under the name of the Defendant by deceiving the victim C on the same day; and (d) deposited the said money into the account under the name of Han Bank account (F) designated by the said person in the name of the Defendant on the same day; and (d) assisted the Defendant to commit the crime of fraud by the said person in the name of the deceased.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Responses to requests for details of financial transactions (not later than four times);

1. Report of previous convictions and results of confirmation, and investigation records (reviewing the necessity of transmission, etc.);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on confirmation of the date of confirmation);

1. Relevant Article 347 (1) and 32 of the Criminal Act concerning the facts constituting an offense and Articles 347 (Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The defendant for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is a person who has been investigated several times due to the charge of violating the Electronic Financial Transactions Act in relation to the use of his passbook in the crime of Bosing. The defendant was punished by a fine of the same kind for the same crime. Even though he was sentenced to the suspended sentence in the judgment of the court of the first instance, he committed the crime of Bosing and thereafter committed the crime of this case. In light of the fact that there is no social disorder and risk of the crime of Bosing, the criminal records of the defendant's punishment and no recovery from damage in the past, etc., the corresponding punishment is needed.

However, it is not revealed that the defendant has economic benefits from the crime of this case, and the crime of this case is at the same time with the final judgment.