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(영문) 수원지방법원 평택지원 2018.08.10 2017고단2418

횡령등

Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium while receiving, demanding or promising any consideration in using or managing the access medium;

Nevertheless, on August 2017, the Defendant would make a loan to up to 10 million won when sending a physical card from a person who was in a name of the first police officer.

“On the phone, “” sent the Defendant’s name to know the number (C) and password of the B Cooperative’s account number and sent a physical card linked to the B Cooperative’s account in front of Sihhn-si, Kwikset, through Kwikset’s service.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

2. On August 7, 2017, a person who is not eligible for the name of embezzlement made a false statement to the victim E, stating that “The repayment of existing loans shall be prior to the repayment of loans on condition that loans be granted at low interest rates of KRW 84 million,” and that he/she received a remittance of KRW 6 million from the damaged party B’s association account in the name of the Defendant for the repayment of loans.

At around 12:10 on the same day, the Defendant confirmed the text message that six million won was deposited at G association’s cash withdrawal period at G association’s chain branch in Silsi-si, and then withdrawn six million won through the passbook.

Accordingly, the Defendant, while keeping 6 million won owned by the victim, withdrawn it and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Application of Acts and subordinate statutes on account transactions;

1. Articles 49(4)2 and 6(3)2 (a) of the Act on the Electronic Financial Transactions and Transactions in the relevant Act concerning criminal facts (a) and Article 355(1) (a) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1.Article 62(1) of the Criminal Act of the suspended execution (Article 62(1) of the Criminal Act)