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

At around 11:00 on January 8, 2014, the Defendant: (a) instructed the Defendant to obtain a balance certificate of KRW 300 million from the E office operated by the victim D in Seoul, Jung-gu, Seoul; (b) one person F to obtain a balance certificate of KRW 300 million from the Defendant; and (c) the Defendant, in accordance with the foregoing order, stated that “F, the husband, who is the husband, after the husband, who knows well, will sell two commercial buildings to the victim if the balance certificate of KRW 300 million is removed. It is false that the Defendant would return the next day after keeping the account deposited on the face of KRW 300 million from the passbook in the name of the head of the Tong-gu, Seoul, without taking any measures, such as reporting the loss of the account deposited

However, the above defendant tried to receive KRW 300 million from the above victim's account in the name of the defendant and transfer it to another account.

Accordingly, the Defendant, in collusion with F, deceiving the victim as above, received KRW 300 million from the victim to the bank account in the name of the Defendant on the same day, reported the loss of the passbook on the following day, and changed the password, and the above F intended to transfer the above money to another account, but the victim did not intend to do so with the wind to report to the bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D G;

1. A complaint;

1. Application of Acts and subordinate statutes to the standard contract for loan transactions, letter, safekeeping, and bank service delegation note, power of attorney, certificate of borrowing, letter of request, and copy of passbook;

1. Articles 352, 347 (1) and 30 of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is the defendant, who is the first offender, confessions, and reflects his fault, and thus the victim's damage is not realized.