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

On February 26, 2019, the Defendant: (a) received a proposal from a person under whose level of credit was low; (b) sent money deposited to the company employees; and (c) notified the name omitted person of the account number (D) of the Defendant’s name.

However, the Defendant already heard the rumor that “to lend money by accumulating the transaction performance” from the person who was unaware of his name, and informed the E-Union account number (F) in the name of the Defendant, and informed the victims of the damage from the above name in return for the transfer of online cultural products to the above E-Union account, and informed the victims of the purchase of online cultural products certificates and the fin number thereof. On August 2, 2018, the Defendant was subject to an investigation by the police under the suspicion of fraud at the U.S. District Prosecutors’ Office on December 26, 2018, and was subject to a disposition without suspicion at the Ulsan District Prosecutors’ Office on December 26, 2018. Therefore, the amount deposited into the account in the Defendant’s name can be deemed as the damage from the phishing fraud.

Nevertheless, on March 13, 2019, the Defendant made a false statement to the effect that “a loan will be made at low interest rate in government policies. It may be possible to repay the existing loan” by making phone calls to the victim G, thereby allowing the Defendant to use the instant account under the Defendant’s name in obtaining deposits from the victim to the instant account on the same day. On the same day, around 15:25 of the same day, the Defendant made the said I Association’s false statement to be a kind of inquiry as to who is the remitter at the I Association’s I Association located in Simsan-si H, Changwon-si, Changwon-si, and made it easy to commit the crime by withdrawing KRW 16 million deposited as above, and delivering it to the male designated by the winners of name in the next community service center of the said I Association.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of a bankbook;

1. Details of the Jation;

1. The same kind of reports on investigation;