A defendant shall be punished by imprisonment with prison labor 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.

Punishment of the crime

On July 31, 2018, the Defendant sent a passbook and identification card connected to the two (C) accounts in the name of the Defendant using text messages, upon receiving the proposal that “the Defendant would make and lend a false statement of transactions,” from a person who has no name but to the name of the Defendant. On the same day, the person who has failed to name, misrepresented the victim D to the public prosecutor belonging to the Seoul Central District Public Prosecutor’s Office on the same day, thereby leading the victim to the false statement that “the victim’s account was bound to bring money to the account designated so that it was connected to the fraud case,” thereby allowing the victim to remit KRW 22,00,000 to the said B association account, and thereafter,

At around 13:08 on the same day, the Defendant embezzled the above 22 million won from the partnership account in Ulsandong-gu E and embezzled it by voluntarily using it as living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of D's petition;

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

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of punishment for embezzlement and breach of trust [type 1]. The mitigation element of punishment less than KRW 100 million (specially punished persons]. In cases where punishment is not granted or a significant damage has been recovered (the scope of recommendations and recommendations and the scope of recommendations), the mitigation area of punishment and imprisonment with labor for one month or ten months;

3. The sentence of this case is to be determined as ordered by taking into account the following factors: (a) the Defendant has led to the confession of the crime of this case; (b) there is no record of punishment so far; (c) the agreement with the victim has been reached after the closing of argument; (d) the minor is raising the minor; and (e) the Defendant’s age, environment, motive for the crime; (e) the means and consequence of the crime; and (e) the circumstances after the crime