beta
(영문) 전주지방법원 군산지원 2020.03.18 2019고단1622

횡령등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

Nevertheless, at around 18:00 on March 13, 2019, the Defendant accepted the proposal, stating, “The Defendant would make loans to 3% interest per month,” from a person who assumes a false name who assumes the name of the team leader in charge of the organization B, which is in charge of the organization B, at the location of the Siljin-si, at the location of the Siljin-si, the Defendant transferred a physical card connected to the account in the name of the Defendant, through Kwikset Service Articles.”

Accordingly, the Defendant transferred the means of access.

2. On March 15, 2019, the Defendant transferred one check card connected to the D Bank account in the name of the Defendant as above to the above bearers. On March 15, 2019, the Defendant made a false statement to the effect that “G Union H team leader, who is 5.8% of the interest rate, can be repaid by substitute loan up to 30 million won, and the existing loan can be repaid first, and instead, it is possible to repay the existing loan first,” and the Defendant had the victim remit the above D Bank account in the name of the Defendant designated by the above bearers on the same day to transfer KRW 5 million to the said D Bank account in the name of the Defendant.

When the Defendant was aware of the fact that the above amount was the source of damage from springing, while the Defendant kept KRW 5,00,000,000 deposited in the Defendant’s above D Bank account for the victim, he used it for personal purposes such as transferring KRW 4,00,000 to I, a limited liability company that was used in the ordinary gambling site on the same day, and using it for “roto” gambling.

Accordingly, the defendant embezzled the victim's property.

3. On January 2, 2019, the Defendant “L” is called “L” by using mobile phones from JAA and K in the Gunsan-si around 15:51.