Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 24, 2018, the Defendant came to know that 5850,000 won from the victim was deposited into the C bank account (D) in the name of the Defendant in the name of the victim as a security deposit to delete the existing credit inquiry by deceiving the victim B by using Bophishing.

While the Defendant kept for the victim the money that the victim remitted by mistake in the crime of Bophishing, around 19:33 on the same day and around 00:0:12 on October 25, 2018, the following day, the Defendant embezzled the money by arbitrarily remitting the sum of KRW 5.85 million to the account in the name of (E) and (B) bank in the name of (E) and (E) bank in order to charge the game money in the Internet gambling site.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on deposits without passbooks, and written consent to the provision of financial transaction information;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the crime is not likely to be committed by arbitrarily using the money erroneously deposited in his account for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by taking account of the following factors: (a) there is no specific penal power in addition to the punishment of a single fine due to the violation of the Road Traffic Act; and (b) the victim paid KRW 6 million to the victim; and (c) other records and conditions of sentencing as shown in the course of the trial, including the Defendant’s age, character and conduct, environment, relationship with the victim, circumstances after the crime, etc.