특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
[Final Judgment] On February 10, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Central District Court, and the judgment became final and conclusive on September 12, 2017.
[Criminal facts]
1. Joint crime with C (Separate Joint Defendant): The Defendant and C, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated that the Defendant and C, around May 2013, transferred the access media, such as passbook, etc., to the victim G who operated a private sports soil site in the area of not more than Seoul, around May 2013 (hereinafter “D, etc.”), in order to arbitrarily withdraw and use the money deposited in each of the above accounts, and the victim made a false statement that “The victim shall provide the account in the name of B as the entry and exit account of the private sports soil site operated by D,” and that “the victim shall pay for the purchase price for the account use.”
However, at the time of fact, even if the defendant and C used the account in the name of the person who provided it to the account for the entry and exit of the private sports soil site, the defendant and C did not have the intent or ability to allow the victim to use the account in the name of the person.
Nevertheless, the Defendant and C, as seen above, had the victim deceiving the victim, sent the victim access media, such as a passbook in the name of H, I, J, K, L, L, M, N, and O in the name of eight accounts listed in the attached Table 1 of crime circulation through express bus cargo at the Dong-gu High Bus Terminal located in Daegu-gu, Daegu-dong, Daegu-gu, and around that time. Around that time, the Defendant and C sent the victim the above H et al. account to the victim for betting deposit and exchange account, and then, the victim posted the above H et al. account in the above private sports soil site.
7.5. around May of the same year, such as receiving KRW 140,00 from a national bank account in the name of H to a national bank account under the name of H, etc. from around May of the same year
7. Police Officers.