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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
around August 6, 2019, the Defendant reported on a loan advertisement made out of the Internet SNS “B” account from the Internet SNS “B” and contacted via the Kakakakao Stockholm, thereby allowing a loan of KRW 20 million from the person in unsound name. The Defendant sent identification card, bank account number, and password necessary for the loan.
(h)when receiving ‘the request for accusation', then sent his identification card C bank account number and account identification number in his name to Kakaox, after consenting thereto;
On August 6, 2019, the Defendant deposited KRW 30,000,000 from the Defendant’s bank account (E) to the Defendant’s bank account. The Defendant, despite being aware that the amount was KRW 30,000,000,000,000,000,000,000 from the point of the C Bank Acceptance Capital of the Bank around August 6, 2019, withdrawn KRW 6,000 from the Defendant’s cell phone charges for the Defendant’s personal mobile phone charges around that time, and used KRW 14,189,00 for the same day from that time to 21:16 of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to internal investigation reports (CCTV withdrawals);
1. Relevant Article 355 of the Criminal Act and Article 355 of the Criminal Act (1) and the choice of punishment for the crime;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Imprisonment with labor for one month to five years;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type] of embezzlement and breach of trust [the type 1] below the amount of 100 million won [the person subject to special sentencing] below the amount of mitigation of punishment or significant damage therefrom: The area subject to mitigation of punishment [the scope of the recommended punishment and the recommended punishment], and one month through October.
3. In recognition of the fact that the amount of damage caused by the Defendant’s embezzlement by the Defendant’s criminal act of embezzlement reaches approximately KRW 15 million, at will, and that it is a gold remitted by the phishing act.