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(영문) 서울중앙지방법원 2020.03.23 2019고단32
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 7 shall be confiscated.

Each of the facts charged in this case.

Reasons

Punishment of the crime

[2019 Highest 32]

1. In using and managing a means of access that violates the Electronic Financial Transactions Act, no person may lend the means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act;

Around March 21, 2018, the Defendant received a proposal from a nameless box (one name C) who became aware of the Internet advertisement report and sent H a 200,000 won per day if the account to be used at the Internet sports gambling site is leased the passbook and debit card, and consented thereto. On March 27, 2018, the Defendant sent the passbook, physical card, OTP generation machine, and paper, etc. connected to the F bank account under the name of the Defendant pursuant to the direction of the above person who was named as “E store” around March 18:30, 2018.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

2. Upon receipt of the means of access described in paragraph (1) of the same Article, Kwikset service article to find out the Defendant’s contact address, and the so-called “Skseting” victim was contacted with the Defendant and then, if the so-called “Skseting” victim was deposited into the account described in the same paragraph, the victim was urged to collect the victim’s damages along with the instructions given by the name-free box stated in the same paragraph.

Around 12:16 March 29, 2018, the Defendant and H kept 64,000,000 won, which was remitted to the said account by the victim B, for the victim B by committing the scaming fraud of the above person without the name, the Defendant and H, at around 13:00 on the same day, voluntarily transferred 30,000,000 won from the said account to the F bank account under the name of H, and then withdrawn it for the purpose of Internet gambling, repayment of debts, etc., and the Defendant visited the said account at the “F Bank Sungsandong Branch” located in Mapo-gu Seoul Metropolitan Council on the same day, and then arbitrarily withdrawn 34,00,000 won and used it for the purpose of debt repayment, living expenses, etc.

Accordingly, the Defendant is H.

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