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(영문) 대구지방법원 2016.03.18 2016고단82
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium while transferring or taking over any access medium for electronic financial transactions or receiving, demanding or promising to pay the price therefor;

Nevertheless, on August 8, 2015, the Defendant: (a) proposed from C and D to offer the so-called “Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sng-Sng-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sover-Sng-Sng-S-S-S.” (A).

As a result, the Defendant received or promised to pay the price, and used the access media for electronic financial transactions for each other.

2. The Defendant, as described in paragraph 1, lent six approaches to the above account holder under the name of the above (E), and then withdrawn and divided the money deposited into each account under the above (E) name of the Defendant, a representative director, from early November 2015, after receiving a proposal, the Defendant conspired to arbitrarily withdraw and use the money deposited into each of the above accounts with the above G.

Accordingly, on November 10, 2015, the Defendant confirmed that there remain KRW 30 million in the account (H) in the name of the victim, as described in paragraph 1, at the location of the party branch in the Daegu-gu party branch in the Nonghyup Bank, Seo-gu, Seo-gu, Daegu-gu., as well as the above G, and then the Defendant transferred the passbook, which is an access medium, to the said account, to the victim.

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