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(영문) 부산지방법원 2018.01.18 2017고정1008

횡령등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On December 15, 2014, the Defendant: (a) received a request from a person without his name, who was in the name of the Saemaul Treasury located in the Dongcheon-dong, Busan; (b) opened a Saemaul Treasury Account (Account Number B) in the name of the Defendant; and (c) notified him of the password by reporting the above name to the person with no name.

Accordingly, the defendant transferred the head of Tong and e-mail card, which is an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A trade application (230 pages of investigation records), an investigation report (Submission report of an application for subscription to a postal card);

1. Application of transaction details (233 pages of investigation records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On December 17, 2014, the Defendant: (a) issued additional 20,000 won in cash at the cash withdrawal period around 09:17 of the same day; (b) deposited 13,000 won in a restaurant at around 15:06 of the same day; and (c) embezzled 300,000 won in cash at the restaurant; and (d) embezzled 300,000 won in cash at the cash withdrawal period at around 20:25 of the same day, including withdrawing 30,000 won in cash from the cash withdrawal period at around 10:17 of the same day.

2. Determination

A. If a criminal of telecommunications financing fraud (the so-called Bosing crime) has received money from a victim by deceiving the victim and then has received money from the victim to the account using the fraud, the act of defraudation is deemed to have been completed.

Therefore, the criminal possessed the money of the victim.

In addition, any entrustment shall be made between the victim and the victim.