The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant: (a) obtained a telephone called F Bank loan charge from the daily day which committed the Defendant’s phishing crime; (b) provided a loan consultation to the victim; and (c) provided a statement that if money was deposited in another person’s name to prepare transaction records to create a marina passbook, he/she would withdraw cash from the employee sent to him/her; (c) showing the concern that the Defendant’s wife may commit fraud after being deposited in the Defendant’s Cbank account, he/she could have withdrawn the full amount of KRW 15 million from the Defendant’s Cbank account; and (d) provided a statement to the Bophish daily, the Defendant did not deliver it to the Defendant; and (e) provided a statement to the Bophish daily, sent KRW 10 million to the victim; and (e) provided a statement to this, 5 million won remaining after being sent to the Defendant, the Defendant had no intention to commit embezzlement. Therefore, there was no intention to commit embezzlement.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In a case where the deposit account opened by the account holder as to the assertion of mistake of mistake is used in the crime of telecommunications-based financial fraud and the victim wired or transferred the amount of fraudulent damage to the account, the account holder shall return the money equivalent to the amount of fraudulent damage wired or transferred to the victim without any legal relationship. As such, deeming that the account holder is in the position of keeping the amount of fraudulent damage for the victim. If the account holder withdraws the money with the intent to obtain the money, embezzlement

(See Supreme Court en banc Decision 2017Do17494 Decided July 19, 2018). However, according to the records of this case, the Defendant received a phone from a person who is referred to as F Bank G G representative on July 29, 2016, and received a transfer of KRW 15 million in the name of the victim around August 5, 2016 to his/her own C Bank account (D), from around 11:48:13 on the same day, and then withdrawn KRW 13:29:04 on the same day to 13:04 on the same day.