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(영문) 대구지방법원 김천지원 2018.04.17 2016고단1618 (3)

횡령등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

B is an employee of the "zymity" subject to the management of the Gu-U.S. area, and C is an employee of the "zymity" and the defendant and D are an employee of the vehicle's luminous choice.

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium in using or managing electronic financial transactions;

Nevertheless, under the direction of B, Defendant C, D, B, E, and F established a subordinate corporation for the opening of an account in these names, and opened an account in the name of the corporation, and then planned to transfer the access media connected to the account to the illegal online gambling site operators and divide the price.

A. On July 27, 2015, the Defendant, along with B, E, F, C, and D, opened each account at Nos. 1 through 3, 5, and 8, and 11 of the annexed crime sight table (1). On July 27, 2015, the Defendant, B, E, and F, sent to I the access media, such as passbook and cash card, security card, USB in which an official seal is stored, and OTP generation machine, connected to the account, and sent it to I. The Defendant, in turn, transferred it to a Chinese person whose name cannot be known at the airport near the airport of China on the following day. In response, the Defendant received KRW 8,00,000 per access medium, in total, KRW 1,00,000 per one access medium.

B. The Defendant, along with B, E, F, C, and D, opened each of the accounts in the attached Form No. 4,9,10,12 through 16,00 per annum, and B transferred to a Chinese person whose name in China is unknown in the manner of not knowing the access media, such as each passbook, cash card, security card, and the USB in which the official seal is stored, and the OTP generation machine connected to the above account in August 2015. In return, the Defendant received KRW 8,00,000 per one of the accessible media.

2. The Defendant sold an account in the name of each legal entity as above with B, F, C, and D to the gambling site operator, such as illegal sports discussions, and then, the said gambling site operator using the fact that he/she is the nominal owner.