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(영문) 창원지방법원 마산지원 2015.08.26 2015고단443

횡령등

Text

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

Reasons

Punishment of the crime

[2015 Highest 443]

1. On February 2014, the Defendant violated the Electronic Financial Transactions Act: (a) transferred the means of access for electronic financial transactions, such as a passbook of a new cooperation account (D) issued under the name of the Defendant, one cash card (including password), to a person whose name is unknown through Kwikset Service Articles.

2. The Defendant, as described in paragraph 1, transferred the above means of access to a person whose name is unknown, and, if deposited into the said account, notified the Defendant of the details of deposit to his mobile phone.

Around February 7, 2014, the Defendant: (a) even though the victim E transferred the money to the said bank account under the name of the Defendant to keep the said money; (b) confirmed the details of deposit as a mobile phone text message; and (c) reported the loss of the said account at the Ansan-si, Ansan-gu, Ansan-si, Annsan-si, the Defendant reported the loss of the said account on February 10, 2014; and (d) withdrawn KRW 9,747,148 from the said account with the re-issued passbook and cash card, and embezzled it by arbitrarily using the personal debt repayment, etc. around that time.

[2015 Highest 598]

1. On February 24, 2014, the Defendant violated the Electronic Financial Transactions Act: (a) transferred the means of access for electronic financial transactions, such as a passbook, cash card, etc. issued under the name of the Defendant, to a person whose name cannot be known through Kwikset service article, at the front of the Defendant’s house located in Ansan-si Group C.

2. The Defendant, as described in paragraph 1, transferred the above means of access to a person whose name is unknown, and, if deposited into the said account, notified the Defendant of the details of deposit to his mobile phone.

Around February 25, 2014, the Defendant confirmed the details of the deposit as a mobile phone text message even though the victim G transferred KRW 8,106,50 to the said agricultural bank account under the Defendant’s name to keep the said money.