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

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

Criminal facts

On May 3, 2019, the Defendant received a proposal to grant a loan from a person who has no name, and notified the account number and the account number of the bank account (E) in the name of the Defendant.

At around 14:11 on the same day, the name omittedist misrepresented the victim F of the victim F with the Kakakakao Kakakao Kakaox, and caused the victim to remit 6 million won to the said D bank account on the same day by falsely concluding that "the Handphones cannot move to receive or transfer the security deposit of the family unit, so that the Handphones cannot change the deposit."

While the Defendant, as above, transferred a sum of KRW 12 million to the Defendant’s D Bank Account two times from the victim who was accused of the false name, he was aware that the money deposited to the account in the account in the name of the false statement was the amount of damage caused to the singishing crime because the money deposited to the account in the account in the name of the false statement was erroneously deposited, and he was willing to withdraw it and use it for personal purposes.

At around 14:48 of the same day, the Defendant withdrawn 6 million won in cash deposited in the Defendant’s D Bank account at G in Mayang-si, and embezzled 6 million won in cash using the Defendant’s D Bank account from the Defendant’s D Bank account to the said B Bank account in the repayment of the personal loan, etc. on the roads near K in 15:32,000 in J of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes on data on account transactions and requests for cooperation in investigation (CCTV) and replys;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) shall be the case of embezzlement and breach of trust.