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(영문) 광주지방법원 2020.02.13 2019고단3013
횡령
Text

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

Reasons

Punishment of the crime

On May 10, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for a violation of the Electronic Financial Transactions Act, and the judgment on May 18, 2018 becomes final and conclusive.

On November 2018, the Defendant, with the intention of “no loan is made in a normal way because credit is good,” from a person who assumes a false name from B Bank staff member, notified the Defendant of the account number (D) of C Bank account in the name of the Defendant.”

On December 10, 2018, the above name-based statement to the effect that "the lending will be avoided" was sent to E by means of false statement to the effect that "the bank account in the name of the victim was sent to E, and on December 11, 2018, the card and passbook was opened to the victim G at a place where the place is unknown, and on December 11, 2018, "the card and passbook was opened by fraudulent use. The stolen use of the name is forced to return money to the safety account in order to receive a criminal investigation or summary investigation." On the same day, the victim H called "the bank account in the name of the victim was leaked and used to commit the crime, and sent money deposited with personal information to the victim's employee," and the victim H transferred money to the above bank account under the name of the victim "the bank was sent to 200,000 won under the name of the victim," and thus, the victim transferred money to the above bank under the name of the defendant 280,000,00 won."

On December 11, 2018, while the Defendant kept custody of KRW 28 million, the Defendant transferred KRW 27,950,000 to the IF account in the name of the Defendant and transferred KRW 16,30,000 from KRW 18:59 on the same day to KRW 19:08 on the same day.

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