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 August 2019, the Defendant accepted a proposal to the effect that “When making transaction records in the accounts to be used, it may be possible to loan up to 22 million won to the account to be used, the Defendant informed of the account number,” and notified the account number (D) in the name of the Defendant to the person who has lost the name.”

On August 23, 2019, around 12:19, the Defendant stated that “2,364,00 won” in the instant indictment was stated as “2,364,00 won in a bank account by the victim B belonging to the telephone financial fraud organization.” However, according to the records of this case, the Defendant’s “2,634,00 won” is recognized and corrected, but does not substantially disadvantage the Defendant’s exercise of his/her right to defense. Therefore, the Defendant’s correction ex officio is ex officio.

B. Around August 23, 2019, while the said money was kept in custody, the C Bank’s salary-dong branch located in Daegu-gu, Daegu-gu, withdrawal of KRW 23.2 million out of the said money and embezzlement by voluntary consumption of living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on the results of transfers, details of accounts of Cbank, investigation reports (the analysis of details of transactions of Cbank accounts in A), and details of transactions of deposit and withdrawal;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Articles 25(1)1, 31(1), (2), and (3) [the part exceeding KRW 23.2 million embezzled by the defendant] of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Declaration of Provisional Execution (see, e.g., Supreme Court Decision 23.200,000 won out of the claimed amount by the applicant for compensation)

1. The scope of recommendations according to the sentencing guidelines [the decision of type] shall be embezzlement and breach of trust [the category 1] below the 100 million won [no special person] [the scope of recommendations and recommendations]. The basic area of recommendation [the scope of recommendations and recommendations], imprisonment with labor from April to April 2.