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

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

Punishment of the crime

1. On January 5, 2015, the Defendant violated the Electronic Financial Transactions Act: (a) transferred a physical card connected to the Defendant’s bank account under the name of the Defendant to Kwikset Service Articles sent by the winners of name in the street near the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan City (200).

2. On January 14, 2015, the Defendant: “Around January 14, 2015, the Defendant made a phone call to the victim C and made a loan of KRW 40 million if the Defendant repaid the previous KRW 20 million loan to the Defendant’s bank account (B) in the name of the Defendant at around the 15th day of the same month; and the Defendant aided and abetted the Defendant by allowing the victim to transfer KRW 4.5 million to the national bank account (B) in the name of the Defendant at around the 15th day of the same month, and by aiding and abetting the Defendant to acquire the above KRW 82,50,000,000, which was transferred to the said Defendant’s national bank account at the Young-gu, Yeongdeungpo-gu, Seoul at the 16th day of the same month, with the knowledge that the Defendant acquired the above Defendant’s national bank account from the said Defendant to the Defendant’s national bank account; and thereafter, aided and abetting the Defendant by remitting the above KRW 3500,50,0,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Inquiry into the details of transfer transactions;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes on deposits without passbook;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1, 6 (3) 1 of the Electronic Financial Transactions Act (the transfer of means of access, the choice of imprisonment, the choice of imprisonment), and Articles 347 (1) and 32 (1) of the Criminal Act (the use of fraud aiding and abetting, the choice of imprisonment);

1. Article 32(2) and Article 55(1)3 of the Criminal Act (as to the crime of aiding and abetting fraud), which is legally mitigated;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act should be eradicated.