A defendant shall be punished by imprisonment for six 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

On May 11, 2015, the Defendant called on May 11, 2015, that an account under the name of the Defendant needs to be opened in lieu of lending from a person in a nameless injury. At the entrance of the modern apartment located in Anyang-dong, the Defendant issued Kwiksetset through Kwikset’s service the physical card and password of the Saemaul Treasury Account (C) in the name of the Defendant.

On May 12, 2015, a name-free person shall call to the victim D (68 tax) at a non-permanent place on May 12, 2015, and "The cyber investigation unit of Seoul National Police Agency is established, and the head of the Tong is investigated by the Financial Supervisory Service under the name of the party, and shall transfer money to the designated account for this purpose.

When sending money, detention shall be live.

“A false representation was made.”

However, the fact did not have the intention or ability to return the money to the victim even after receiving the money from the victim due to the phishing crime that misrepresented the police.

In the end, on the same day, the name-free person was transferred 5 million won to the above Saemaul Treasury account under the name of the defendant from the damaged person.

On May 12, 2015, the Defendant came to know that the amount of KRW 5 million was deposited in the accounts of the Saemaul Treasury of the Defendant, who delivered the name-free person as above.

Around May 13, 2015, the Defendant used telebanking services to transfer the said money from the foregoing Saemaul Treasury Account to the Agricultural Cooperative Account (E) in the name of the Defendant and used the said money for personal purposes.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the transaction details, and a copy of the transaction details of Saemaeul credit cooperatives;

1. The application of Acts and subordinate statutes to CCTV image response data;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria shall be based on;