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(영문) 서울동부지방법원 2019.03.25 2018고단4094
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction, unless otherwise specifically provided for in any other Act;

On July 11, 2018, the Defendant searched “loan” to B using a mobile phone, and opened the door to the door, “on the face of sending Kwikset Service, I would create a transaction performance and loan up to 6 million won.” On July 12, 2018, the following day, around July 2, 2018, the Defendant heard that “on the face of sending Kwikset Service, I would make a loan to 600,000 won.” On the part of the Defendant’s residence, the Defendant, at the Seoul Gangdong-gu Seoul Apartment Guard Office (E)’s residence, sent one check card connected to the Defendant’s account (E) sent to Kwikset, and then notified the name poor person via Kwikset Service, the account number and password.

Accordingly, the Defendant transferred the means of access in such a way as above.

2. Around 17:02 on July 12, 2018, the Defendant received KRW 6,000,000 from the Defendant’s D bank account as indicated in paragraph (1) from the Defendant’s D bank account, and kept for the victim, the Defendant was able to use the said amount for personal purposes, such as payment of the unpaid mobile phone payment, upon the Defendant’s request to the effect that “the deposit limit is set at KRW 700,000,000.” The Defendant transferred the amount from the D Bank account to the H Bank account (I) account, which is the virtual account paid at the Public Prosecutor’s Office’s Office from the same day to the Defendant’s D Bank account from the same day until the day 20:11 on the same day, and transferred the amount to 1,00,000,000 won from the above D Bank account to 50,000,000 won in total, as indicated in the [Attachment List No. 2011.

Summary of Evidence

1. Statement by the defendant in court;

1.F.

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