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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on November 30, 2016 by the Suwon Friwon, and the judgment became final and conclusive on December 8, 2016.

[2] On March 18, 2015, the Defendant: (a) received a request from the victim C to commission a post office card under the victim’s name; and (b) received and kept the said check card; and (c) received the said check from the victim’s wife, the Defendant received money from the account under the victim’s name to use it for living expenses, etc.

1. On March 18, 2015, at around 21:32, the Defendant used computers, etc., the Defendant collected one copy of the post office card in the name of the victim at the cash withdrawal machine at the same source of a company bank located in the same number of original branch located in Suwon-si, Suwon-si, 1037-2, and transferred KRW 5 million from the post office account in the name of the victim to the Nonghyup Bank account in the name of the Defendant’s wife.

Accordingly, the defendant obtained financial benefits of 5 million won by inputting information without authority into a computer and making it processed.

2. The Defendant, at the time and place indicated in paragraph 1, posted one copy of the above victim’s post office check in a cash withdrawal machine managed by the victim’s enterprise bank, and then withdrawn a total of five million won through five times.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. C Complaints;

1. Details of deposit transactions;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (A previous convictions and relationship), and application of the text of the judgment three copies;

1. Relevant legal provisions concerning facts constituting an offense, Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.