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(영문) 수원지방법원 2019.11.21 2019고단1500

횡령등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall lend the means of access in receiving, demanding or promising any compensation;

At around 20:00 on May 23, 2018, the Defendant: (a) received a proposal from a person who has no personal name, and agreed to “I will give KRW 1,300,000,000 to one month if he/she lends his/her physical card; and (b) lent the means of access to the means of access by sending a physical card connected to the bank account in the name of the Defendant through Kwikset Service.

2. As stated in the above paragraph 1, the Defendant, as the Defendant, sent an account number to a person with no name, sent a physical card to the victim F on May 30, 2018, and misrepresented him/her with a phone call from the victim F, and “I want to give a loan at low interest. I want to give a loan at a low interest, and I would like to transfer money to the account to which I would like to pay the existing loan because I would not pay the credit rating.” Accordingly, the Defendant, as such, had the victim wired KRW 500,000 to the said D bank account under the name of the Defendant.

On May 30, 2018, the Defendant embezzled KRW 4,798,70,00 from May 30, 2018 to May 31, 2018, and then arbitrarily consumed KRW 5.5 million in the account under the Defendant’s name, and embezzled for the victim, from May 30, 2018 to May 31, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Details of account and application of Acts and subordinate statutes on deposit certificates;

1. Relevant Article 355(1) of the Criminal Act, the choice of punishment for the crime, Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (a point of lending access media), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of lending the means of access, such as singing, etc., with the reason for sentencing under Article 62-2 of the Social Service Order Act, is another crime.