A defendant shall be punished by imprisonment for not more than ten 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

Defendant and Victim C were related with each other.

On January 2017, the victim was paid 1.5 million won of insurance money due to the NongHyup account (D) in the name of the victim on September 20, 2017.

On September 20, 2017, the Defendant held the Internet banking security card of the victim at the F Hospital located in Gyeyang-gu Incheon Gyeyang-gu Incheon, Incheon, and transferred KRW 71.5 million from the above Nonghyup Bank account of the victim to the Defendant’s his/her parent G’s Nong Bank account (H) by using the victim’s smartphone and the identification number and the above security card.

Accordingly, the defendant acquired property benefits equivalent to KRW 71,500,000 by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and I;

1. Two copies of a record of investigation into telephone conversations between the complainant C and witness C;

1. Each investigation report (the contents of letters transferred to G head of Tong at a request for the suspension of transaction in the bank account in the name of the G Nong Bank and the G in the name of the complainant;

1. Application of a written confirmation of transfer results, G Nonghyup bank account transaction details, and a copy of a passbook of a victim Nonghyup Bank;

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment according to the sentencing guidelines [type of determination] - Class 1 (under KRW 100,00) (under KRW 10,000) of the general fraud - where punishment is not imposed or considerable damage is recovered: In the event of intentional concealment of criminal proceeds (decision on the recommended territory] where criminal proceeds are intentionally concealed (decision on the recommended territory], [the scope of the recommended punishment] from June to one year and six months [general person subject to sentencing] - the mitigated element: the mitigated element.