A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 30, 2018, the Defendant: (a) received a proposal from a person who was unaware of his name to “to create and lend false details of transactions; (b) sent a passbook and identification cards connected to B Bank account in the name of the Defendant using text messages; and (c) on the same day, the person who was unaware of his name misrepresented by misrepresenting the victim D to transfer money to the said B Bank account by misrepresenting himself/herself as “the remittance of money to the account designated at low interest rate.”

While the Defendant received money of KRW 38,00,000 from the victim who was accused of the person who was not aware of his name in an unsound place on the same day and kept it in custody, the Defendant came to know that the money deposited in the account of the contact recipient to deliver the money to the arrival employee after withdrawing the money from the person who was unaware of his name, was the amount of damage caused by the singishing crime, and sentenced the Defendant to withdraw the money and use it for personal purposes.

The Defendant, at the time of the strike on the same day, withdrawn the cash of KRW 38 million from the F, and embezzled the amount of KRW 31 million as the intermediate payment of real estate sales contract, and KRW 7 million as living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV-related Acts and subordinate statutes to a detailed statement of withdrawal and transaction, B bank stop point;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. 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 for upcoming one month to ten months;

2. The fact that the Defendant, who was sentenced, obtained personal benefits by taking advantage of the so-called Bosing crime, and the amount of embezzlement is not indicated as KRW 38 million.