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(영문) 서울중앙지방법원 2014.12.09 2014고정4819

횡령등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a convenience store in Dongjak-gu Seoul Metropolitan Government.

1. The Defendant embezzled, on August 11, 2014, at the convenience store operated by the Defendant on the same day 05:32, and 07:02, on the 9th day of the same month, he received “T-money card (T-money), an electronic card issued by the Korea Smart Card Co., Ltd., Ltd., from the victim D, and embezzled, because he did not return the said card to the victim by using the said card filled in 16,480 won.

2. Violation of the Electronic Financial Transactions Act;

A. On August 11, 2014, at the above convenience store operated by the Defendant, the Defendant embezzled the means of access acquired by means of settling the sum of 10,000 won, including 10,000 won, using the e-mail card (referring to an electronic type card used as a prior-paid electronic payment means) embezzled, such as “the e-mail card” (500 meters, etc.).

B. On August 11, 2014, the Defendant embezzled the means of access acquired by settling KRW 2,400 in the same manner at the same place as “Auss forest trees (2L)” in the same manner.

3. Fraud by using computers, etc.;

A. On August 11, 2014, the Defendant purchased goods, such as 05:32 at the same place as “B” at the same time, and had the victim D enter information into the information processing device to settle by using the information processing device without authority, and made the victim withdraw 10,000 won from the information processing device, and acquired property benefits equivalent to the same amount.

B. On August 11, 2014, the Defendant, by the same method as 07:02, withdrawn 2,400 won from the victim’s Mys Card from the victim’s Mys Card, obtained pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts:

1. Application of CCTV Acts and subordinate statutes;

1. Article 355(1) of the Criminal Act for criminal facts (the point of embezzlement) and Article 49 of the Electronic Financial Transactions Act.