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(영문) 대구지방법원 포항지원 2018.12.06 2018고단1267
횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Unless otherwise expressly provided for in other Acts, no person who violates the Electronic Financial Transactions Act shall demand, demand, and lend any access medium used in electronic financial transactions. On June 6, 2018, the Defendant received three million won per account from his/her name in front of the Defendant’s office located in Nam-gu, Nam-gu, Mapo-si on June 15, 2018, and issued one physical card connected to the Defendant’s Saemaul Depository’s name in the name of the Defendant to the employee who sent the non-person, and then inform the account number and password by telephone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

2. The embezzlement: (a) around 15:00 on June 6, 2018, the Defendant, as indicated in the foregoing paragraph 1, delivered one physical card connected to the Defendant’s community credit cooperative account (C) in the name of the Defendant, and lent a medium of access to electronic financial transactions to the Defendant; (b) on June 12, 2018, the victim D transferred KRW 2 million to the said account at around 15:16 on the same day while the victim D kept custody of KRW 2 million to the said account at around 15:16 on the same day while he/she transferred the said account to the said account. (c) At around 1990,000 won, the Defendant transferred KRW 1.9 million to the National Bank account in the name of the Defendant (52301026123) at around 523,26123).

After that, while the victim E transferred KRW 900,000 to the above Saemaul Treasury account in the name of the defendant on June 13, 2018, the defendant, at around 14:32 of the same day, transferred the amount of KRW 900,000 to the Saemaul Treasury account (G) in the name of the defendant's wife, and then voluntarily used it as the Internet gambling fund by re-transfering it to the above account under the name of the defendant F.

As a result, the above victims were sent to and kept in custody by mistake in the phishing crime.

2890,00 won was arbitrarily consumed and embezzled.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. A copy of the written statement concerning D;

1. Identification of transaction details, inquiry of transaction details, text, Kakao message, and Stockholm message;

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