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(영문) 대구지방법원 서부지원 2016.09.23 2016고단574

횡령등

Text

A defendant shall be punished by imprisonment for one year.

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

On October 23, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes and the judgment became final and conclusive on January 29, 2016.

1. On September 2015, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) transferred each physical card and password connected to the Defendant’s new bank account (C), the National Bank account (D), and the Defendant’s E-mail account in the name of the non-party, at a bus terminal located in Ansan-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, 130, to transfer the electronic financial transaction access media.

2. On September 18, 2015, the Defendant embezzled KRW 7,000,000, which was deposited in the Defendant’s new bank account under the name of the Defendant (C) linked to the cam card that was transferred to a person without his/her name, as set forth in paragraph 1, for the victim, at a new bank account (C) held by the victim G for the victim. On September 21, 2015, the Defendant withdrawn KRW 1,006,000 via the new bank passbook that was held by the Defendant at the location of the Dong-dong branch located in Ansan-si, Andong-si, a new bank account located in the Defendant at the location of Andong-si, a branch of Andong-si, at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to G, H and I;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 355 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 200

1. Protective observation and community service order under Article 62-2 of the Criminal Act;