A defendant shall be punished by imprisonment for six 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

On March 19, 2013, the Defendant joined Kwikset service with physical cards, etc. connected to the Agricultural Cooperative Account (Account Number C) opened in the name of the Defendant before the Defendant’s office in Ansan-si.

On the 25th day of the same month, the above-mentioned person is the Seoul Police Cyber Crime Investigation and E police police officer by telephone to the victim D (73 tax) around the same month.

It is being found that KRW 20 million has been illegally withdrawn from the national bank and tracking it.

After applying for Internet banking, the Internet card number is known to the person who caused the damage, and the victim identified the security card number, etc., and then remitted KRW 6 million from the victim's name to the said Nonghyup bank account under the victim's name. The defendant kept the above 6 million won deposited for the victim, and used the passbook that could be deposited and withdrawn at will at the time of the above time, and used it for personal debt repayment, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the police statement made to D;

1. Application of transaction details (No. 14 No. 5 of the evidence list) statutes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria (the scope of the recommended punishment) 10 million won (the category No. 1) and the basic area ( April to April 1);

2. Determination of sentence - Self-determination and reflectivity, amount of embezzlement, the fact that there is no previous conviction for the same kind of crime, the injury has not been recovered, and the motive, circumstances, etc. of the instant crime;