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

Punishment of the crime

On April 10, 2019, at a place where it is difficult to identify the place around April 10, 2019, the person under whose name was not the victim B, sent the victim B the word “the regular settlement completion of an undisclosed air office” as a mobile phone text message, and misrepresenting the situation of the cyber investigation team C by misrepresenting the victim who reported it to the contact, and, in order to arrest the goods company, it is necessary to receive the singing fraud case from the goods company and to help arrest the goods. It was transferred from the victim to the account that received the loan through the card loan through the card loan loan loan for the purpose of public investigation.” The victim was transferred KRW 106,300,000 to the new bank account (D) under the name of the defendant around April 12, 2019.

On April 12, 2019, the Defendant: (a) received a request for return of the money remitted from the victim on April 17:27, 2019; (b) thus, it is impossible to believe the victim’s horse; and (c) refused a request for return; and (d) deposited KRW 18,00,000 per day from the date of withdrawal to the date of April 14, 201; and (c) embezzled in a way that he/she uses the money for his/her own repayment of debt and for his/her cost of living on April 2019.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. A statement of deposit and statement of liquidity;

1. Copy of text messages;

1. Application of Acts and subordinate statutes of a written confirmation;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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] the scope of embezzlement and breach of trust [type 1] the scope of embezzlement and breach of trust [no special person] below 10 million won [no person] [the scope of recommendations and recommendations], the basic area and the scope of recommendations], and April through April 14 months.

3. Determination of sentence: There shall be no history of criminal punishment except for a fine imposed on one occasion during the period of eight months of imprisonment and a fine not exceeding 209;

Part of damage was recovered.

The victim of telecommunications fraud crime is transferred money upon the victim's request for return.