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(영문) 대전지방법원 천안지원 2019.09.20 2017고단2805

횡령등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On March 13, 2016, the Defendant violated the Electronic Financial Transactions Act: (a) sent a passbook and a physical card connected to the passbook in the name of the Defendant to a non-defluence place; (b) “When sending a passbook and a physical card, 3 million won loan will be granted,” the Defendant sent a passbook and a physical card connected to the passbook in the name of the Defendant to a non-defluence place; and (c) around that time, sent a means of access by informing the above non-defluence of the password by telephone.

2. Around 11:10 on March 18, 2016, the Defendant: (a) knew that the victim D, who was under the act of deceiving the persons without the above name, remitted 7:470,000 won to the above B bank account; (b) reported the loss of the passbook and the Cze Card to the above B bank account; and (c) used the Cze Card re-issued; (d) withdrawn KRW 3 million from the cash withdrawal machine at the Sungcheon-si, Yancheon-si; (e) around 1:51 on March 18, 2016, the Defendant transferred KRW 59,180 to the principal payment; and (e) transferred KRW 16:49 of the same month from the F Bank’s cash withdrawal machine at the Seopo-si, in the name of the Defendant, to the B bank account in the name of the Defendant; and (e) transferred KRW 300,701,750; and (e) transferred KRW 407,7051,75.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Details of account remittance, details of account transactions with B banks in the name of the defendant, and details of account transactions;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act, Articles 49(4)1 and 6(3)1 of the Act on Electronic Financial Transactions (the transfer of means of access to financial transactions), Article 355(1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act, led to the confession of each of the crimes of this case in the police investigation, and at the time of the instant case, the defendant was at any time.