횡령등
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. Violation of the Electronic Financial Transactions Act;
A. On October 2016, the Defendant transferred a physical card (personal number: number number: B) connected to the Defendant’s name Saemaul Bank Account through Kwikwikset’s Services around the House of the Government, which was located in peace, to Nonindicted Party’s Internet loan advertising, and transferred a medium of access to electronic financial transactions, with an intention to receive a loan by reporting on and lending the Internet loan advertising to police officers.
B. On November 2016, for the purpose of reporting Internet lending advertising and lending, the Defendant transferred two copies of the physical card (in the back page) linked to the KEB bank account (Account Number: C) and Daegu Bank account (Account Number: D) under the name of the Defendant via Kwiksetset Service around the territory of the Council of the Republic of Korea, and transferred the electronic financial transaction access media to the needy.
2. Around October 6, 2016, at the Defendant’s house located in Jung-si, the Government-Si around 12:54, the Defendant transferred KRW 390,000 to the Agricultural Cooperative Account (Account Number G) in the name of the Defendant by telebanking around 12:58 on the same day while the Defendant knew of deposit of KRW 3.9,00 in the name of the victim F, separate from loans to the above Saemaul Bank Account, and kept the said Saemaul Bank Account in custody for the victim. Around 13:39 on the same day, the Defendant released the remainder of KRW 30,000 from the Saemaul Bank in cash and embezzled the said Saemaul Bank Account for personal use at his own discretion thereafter.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H and F;
1. Response to a request for details of financial transactions;
1. Requests for cooperation with investigation (revision and inquiry into records) and the application of statutes;
1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Trade (a point of transfer of access media) and Article 355 (1) of the Criminal Act concerning facts constituting an offense (a point of embezzlement)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70 of the Criminal Act to attract a workhouse.