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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 21, 2018, at around 10:50, the Defendant violated the Electronic Financial Transactions Act: (a) received a proposal from a name-free box stating that “for a three-day account is to be given KRW 2 million on the face of lending the three-day account; and (b) sent a physical card connected to the bank account (D) in the name of the Defendant to the name-free purchaser; and (c) notified the password.
Accordingly, the Defendant promised to provide compensation and lent the means of access.
2. On November 21, 2018, the name and defectiveist of the organization that caused the embezzlement and phishing fraud will provide loans at a low interest rate by phone to the victim E on a low-interest basis.
‘False speech'. The victim transferred 4 million won to the Cbank account (D) account in the name of the defendant, and the defendant had the victim keep 3.4 million won, excluding 600,000 won from the withdrawal of the Bosing Organization's KRW 4 million.
On November 22, 2018, the Defendant withdrawn KRW 1,00,000,000 from the C Bank located in Gwangju Northern-gu, with knowledge that the amount was the amount of damage from springing, and immediately embezzled KRW 3,40,000,000,000,000 around November 23, 2018, and KRW 1,40,000,000,000 around November 24, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on transfer certificates, receipts, account details, text messages, and account details;
1. Relevant Article 355(1) of the Criminal Act, the choice of punishment for the crime, Article 49(4)2 of the Electronic Financial Transactions Act and Article 6(3)2 of the same Act, the choice of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing under Article 62(1) of the Suspension of Execution: The fact that the defendant admits his mistake, that the defendant agreed with the victim, that the defendant has no record of punishment prior to the instant crime; disadvantageous circumstances: the means of access is used for the so-called Bo