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(영문) 인천지방법원 2017.09.13 2017고단3827

횡령등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 1, 2016, the Defendant: (a) received a proposal from a person under whose name the name the Defendant would give KRW 600,000 per card; and (b) transferred Kwikset’s name-based account and the account number connected with H message and the password of the above access body via Kwikset’s service, each of which is linked to B account in the name of the Defendant (C), D Bank Account (E), and F Depository Account (G).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

Unfavorable circumstances: The defendant's access media was actually used for the secondary crime and the damage was incurred.

Parts of innocence

1. On December 2, 2016, the Defendant: (a) sent a e-mail card connected to the D bank account (E) account under the name of the Defendant to the victim; (b) informed the account number and password; and (c) on the same day, the victim I opened a e-mail.

As the confirmation work is required, the victim sent money deposited to the said D bank account by false means.

On the same day, the Defendant, as seen above, was accused of the non-named victim, totaled 6,950,00 won to the said D Bank account eight times.