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(영문) 대구지방법원 포항지원 2018.06.08 2018고정84

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 25, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court on February 2, 2018, and the judgment became final and conclusive on February 2, 2018.

1. On August 1, 2015, the Defendant violated the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) heard that “If an account is transferred to an account necessary for the operation of an illegal gambling site, KRW 2.50,000 per account” was transferred from D in charge of soliciting an account to be used for the operation of the illegal gambling site as set forth in the foregoing paragraph (1), and transferred the passbook, card, and password of the Daegu Bank Account (E) under the name of the Defendant.

2. Embezzlement;

A. The Defendant, like Paragraph 1, was willing to withdraw the money deposited by using the fact that the head of the Tong transferred in the operation of the illegal gambling site and the Defendant voluntarily withdraws the money deposited in the head of the Tong, even if he did not report to the investigation agency.

On September 10, 2015, the Defendant reported the loss of the account of the Daegu Bank in the name of the account holder at the Daegu Bank Dodong-dong, Nam-gu, Chungcheongnamdo-dong on September 10, 2015, and then received a re-issuance of passbook, etc. after the Defendant reported the loss of the account of the Daegu Bank in the name of the account holder, and then remitted KRW 3,000,000 to the Defendant’s corporate bank account, which was owned by the victim’s name in the cash withdrawal period at the same place at around 23:09 on the same day, and embezzled by using the cash withdrawal amount of KRW 40,000 as living expenses.

B. The Defendant and F conspired to withdraw the deposited money using the fact that even if the Defendant and F voluntarily withdraws the money deposited in the passbook from the company bank account (G) account in the name of F that the F transferred by F to D, was used in the operation of the illegal gambling site, the Defendant and F did not report to the investigation agency.

On March 21, 2016, the Defendant and F have been kept in the account of the above Enterprise Bank in the name of F in the name of the account at the point of Youngcheon-si, Youngcheon-si.