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(영문) 서울서부지방법원 2016.08.11 2016고정102

횡령등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall issue a transaction instruction in electronic financial transactions, or transfer or take over any access medium used to secure the authenticity of users and the details of such transaction;

On December 2, 2014, the Defendant offered a proposal to offer a bank card from his name in the non-defluence Station in Eunpyeong-gu Seoul, the Defendant transferred a new bank account (B) cash card and other electronic financial transactions access media under the name of the Defendant to the non-defluence company through Kwikset Service.

2. On December 18, 2014, the Defendant: (a) transferred a cash card at a new bank in Eunpyeong-dong Seoul, Eunpyeong-gu, Seoul; and (b) deposited KRW 10 million into the new bank account in the name of the Defendant by a person without his name, the Defendant immediately withdrawn KRW 6 million from the bank account held by the Defendant and embezzled it for personal consumption.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D (including an inquiry about details of the detailed liquidity transactions in attached Schedules);

1. Application of Acts and subordinate statutes to the police suspect interrogation protocol (including a copy of a passbook of a bank attached thereto) to the accused;

1. Relevant legal provisions concerning criminal facts, Article 49(4)1, Article 6(3)1 (a) of the Act on Electronic Financial Transactions (a point of transfer of access media), Article 355(1) of the Criminal Act (a point of embezzlement) and the selection of fines, respectively;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;