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

Punishment of the crime

The Defendant, from February 2, 2009 to February 2, 2010, worked as a financial designer in Ulsan-gu Asset Management Business Group (State)C, which had been a customer, had a security card, an authorized certificate, an Internet banking password, etc. of the Korean Investment Securities Account owned by the victim D, and had a victim’s Korean Investment Securities Account transferred money deposited in the victim’s Korean Investment Securities Account without permission to the Defendant’s account to use it for its personal real estate development project investment, etc.

Around August 5, 2010, the Defendant entered illegal orders, such as the victim’s Internet banking service ID, the authorized certificate identification number, and the security card identification code, into the Internet banking information processing device of Korea Investment Securities, without authority, by accessing the Internet banking service of the victim at a remote area below Ulsan (hereinafter referred to as "Ulsan") and transferred KRW 5 million from the victim’s Korean Investment Securities Account (Account Number E) to the Defendant’s Korean Investment Securities Account (Account NumberF), and KRW 22 million from August 16, 2010 to another Korea Investment Securities Account (Account Number G) around March 22, 2011 in the same manner. Around March 22, 2011, the Defendant acquired information processing profits equivalent to KRW 32.8 million from another Korea Investment Securities Account (Account Number G) of the Defendant’s another Korea Investment Securities Account (Account Number) around March 24, 201; around March 300, 2011; around March 28, 2011>

Summary of Evidence

1. Defendant's legal statement;

1. Second time a protocol concerning the examination of suspects of the accused (including DNA statements);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 347-2 of the Criminal Act, inclusive of the relevant legal provisions on criminal facts, the reason [the scope of recommending punishment] for the sentencing of imprisonment with labor [the grounds for sentencing of general fraud] / [the decision of sentencing] the basic area (6 to 100 million won) (6 to 16 months) / [the decision of sentencing] the use of the victim’s financial information that he/she became aware of while working in an asset management company as if he/she were the victim’s property, and the damage therefrom is not sufficiently recovered, and the damage therefrom is not recovered.