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(영문) 의정부지방법원 고양지원 2016.05.12 2015고단3598

전자금융거래법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

The charge of violating the Electronic Financial Transactions Act among the facts charged in the instant case is acquitted.

Reasons

Punishment of the crime

1. On April 30, 2015, the Defendant knew that he was unable to obtain a normal loan from 14 million won to the Defendant’s account under the Defendant’s name (Account Number E), and, on May 6, 2015, transferred money to the Defendant’s account from 200 million won to the Defendant’s account under his direction, again transferred money to the Defendant’s account under his direction, and consented to do so, and then, on April 30, 2015, the Defendant deposited KRW 14 million to the Defendant’s account under the Defendant’s name (Account Number E) with the said 500,000 won deposited to the Defendant’s account under the Defendant’s name of 50,000 won under the said order of 50,000 won under the Defendant’s name of 50,000 won (hereinafter said 50,000 won deposited to the Defendant’s account under his name (hereinafter said order).

Accordingly, the Defendant was able to facilitate the fraud of the phishing organization.

2. Around May 8, 2015, the Defendant embezzled 2.5 million won out of 7.5 million won, which the victim K transferred to the said one bank account under the name of the Defendant, to the Defendant’s bank account under the name of the Defendant, and embezzled her personal debt by repaying the Defendant’s personal debt from around that time until the end of May 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made to K in the police statement;

1. A detailed statement of deposits without passbooks, details of each transaction, details of issuance of checks, each currency, respectively.