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(영문) 창원지방법원 2019.05.31 2019고단1000

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 promise the receipt of a price for the means of electronic financial transactions to lend it;

On February 15, 2019, the Defendant promised to receive KRW 2,40,00 per account in return for lending the Defendant’s name-based account from the non-definite-si C’s business office located in Yongsan-gu, Yongsan-gu, Yongsan-gu to receive KRW 2,40,00 per account in return for the lending of the Defendant’s name-based account from the non-definite-si for three days, and provided two physical card-based cards connected to the name of the Defendant’s bank account (E) and the F

As a result, the Defendant promised to receive the price and lent the means of electronic financial transactions.

2. On February 18, 2019, the Defendant, as indicated in the foregoing paragraph (1), lent the account under the name of the Defendant to a person who was unaware of his name, and came to know that the account was used for committing the crime of Bophishing, immediately after deposit of KRW 3 million in the said D Bank account under the name of the Defendant, and then, was taken out when the money was deposited into the said account under the name of the Defendant, with the intention of withdrawing it and using it.

On February 18, 2019, the Defendant misrepresented the victim I to be the staff of the J bank, and, on February 18, 2019, the Defendant would make it possible to convert the interest rate of KRW 10 million from the K Bank prior to K Bank to the low interest rate of KRW 6.8% because the interest rate of KRW 10 million is higher than that of the loan received from J Bank. When the Defendant repaid to the account designated by J Bank, etc. Of the loan received, the Defendant would have borrowed KRW 5 million at a low interest rate of KRW 5 million in the way of alternative repayment from J Bank.” Accordingly, the Defendant kept the victim’s transfer of KRW 5 million to the above D Bank account under the name of the Defendant designated by the above non-member of the name, and used it for his/her debt and living expenses on the same day.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning H;

1.The police of I.S.