A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[criminal power] On April 14, 2017, the Defendant was sentenced to imprisonment for a crime of fraud at the Suwon District Court, and the execution of the sentence was terminated on June 12, 2017 at the Suwon Detention House.

【Criminal Facts】

1. On May 30, 2019, the Defendant violated the Electronic Financial Transactions Act: (a) received text messages, “on the face of a loan, telephone; (b) the company specializing in the work loan; (c) the after-payment of all the expenses incurred; (b) C and Kakax: D; and (c) contacted the person under whose name it was named, with the proposal, “a loan will be made up of KRW 30 million through working loans; (b) as the bank transaction details require, the delivery of passbooks and check cards is different; and (c) then, around June 14, 2019, the Defendant sent the password to the person under whose name the Defendant misrepresented the employees of the lending company from the Seocho-gu Seoul High-speed Bus Terminal, Seocho-gu, Seoul, to the nameless person who was named the Defendant E (F) and the G bank account (H), respectively, via the Monao Kaoo x.

Accordingly, the Defendant committed an act of lending means of access while receiving or promising compensation.

2. Around June 17, 2019, the Defendant, as described in paragraph (1), delivered the G bank’s eck cards, and then, deposited KRW 6.6 million, which was remitted to the account connected to the Defendant’s above G bank’s eck cards by the victim I’s name, as part of the crime of scaming by the victim I. Around 13:27 of the same day, he remitted KRW 6.6 million to the J bank account under the Defendant’s name by using smartphone mobile banking (K) and embezzled the victim’s property by withdrawing KRW 6.6 million from the J bank’s ecam branch in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, at around 13:46 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Certificates of deposit;

1. Response to a request for financial transaction information;

1. Previous records of judgment: Criminal records and other inquiries, written judgments (69 pages of investigation records), and application of Acts and subordinate statutes on the status of confinement of each individual;

1. Article 355(1) of the Criminal Act for criminal facts and Article 49 of the Electronic Financial Transactions Act.