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(영문) 대구지방법원 김천지원 2017.12.19 2016고단1618 (1)
횡령등
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendants and D conspired to receive 300,000 or 40,000 won per access medium connected to one account while arranging the transfer of access media to E, etc., and to arrange for E, etc. purchase of the above access medium.

Defendants and D opened each account at least 34 through 37 each year in annexed crime sight table (1) by F, G, E, H, and I. On April 29, 2015, the Defendants and D arranged the transfer of cash cards connected to each of their respective accounts at the old-U.S. bus terminal located in the city of the Gu and the USB in which a certified certificate is stored, and the shopping bags containing an OTP-generating machine to the operator of the illegal gambling site, in which the name is not known, and received the total amount of KRW 2,80,000,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of H and E by the prosecution;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Investigation reports (related to the specification of a corporation under the name of suspects), investigation reports (related to the results of the first execution of a financial account warrant), investigation reports (related to the analysis of a financial account), investigation reports (subject to the second execution of a financial account warrant), investigation reports (subject to the second execution of a financial account warrant), investigation reports (subject to the third execution of a financial account warrant), investigation reports (subject to the third execution of an account warrant), investigation reports (subject to the execution of an account warrant), and investigation reports (revision of the current status of the account in the name

1. Application of Acts and subordinate statutes on response materials;

1. The Defendants of the relevant legal doctrine regarding criminal facts: Article 49(4)4 and Article 6(3)5 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act

1. In the case of the ordinary concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendants of the community service order: The instant crime with the reason of sentencing under Article 62-2 of the Criminal Act is designed to arrange the transfer of the access media to commit the crime of systematic and planned transfer of the E, etc., and embezzlement. The social harm resulting from such crime.

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