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(영문) 인천지방법원 부천지원 2015.09.17 2015고정680
횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 2014, the Defendant violated the Electronic Financial Transactions Act, via Kwikset Service, transferred the paper of a passbook, e-mail card, and password connected to the Defendant’s corporate bank account (B) to the Defendant’s name in the vicinity of the original working distance in the Seocho-si, Seocho-si.

Accordingly, the defendant transferred the passbook, electronic card, and passwords necessary to use it in order to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

2. The embezzlement: (a) on December 8, 2014, the Defendant transferred his corporate bank account (B) to a deceased soldier on his name to the first police officer on or around December 8, 2014; (b) deposited the money into the said account by the victim C; (c) on December 8, 2014, the said money was deposited into the said account by the victim; (d) on December 8, 2014, the Defendant transferred 6,300,000 won, which was deposited into the said account in the non-resident’s name bank account (D) and used it for personal purposes, such as living expenses, mobile phone charges, etc. at the first time in Bupyeong-si, Busan.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. A copy of the police statement concerning F;

1. Application of Acts and subordinate statutes to deposit receipts, certificates of transaction, deposit slips, response to financial transaction details, reports on internal investigation, and investigation reports (attached to the bank account of our bank);

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Electronic Financial Transactions Act and Article 355 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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