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(영문) 춘천지방법원 2016.07.01 2016고정213
횡령등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer the access medium unless otherwise specifically provided for in any other Act in using and managing the access medium;

Nevertheless, on January 26, 2016, the Defendant is a sports soil company from a person who is infinite from his name in front of the C University located in Chuncheon-si B.

In order to collect VIP entry money, the head of the Tong is required, and the head of the Tong would pay KRW 3 million per week to the head of the Tong, and through Kwikset services, the card and password of the bank account (Account Number D) of the defendant's name was transferred to the non-resident.

2. On January 28, 2016, the Defendant discovered that KRW 6 million was transferred from the victim E to the said bank account (Account Number D) in the name in the name of the Defendant and embezzled by withdrawing KRW 1880,000 from the point of origin in the Republic of Korea, around January 28, 2016, at around 14:30,000, at around 14:30,000, from the point of origin in the Republic of Korea, where the Defendant was kept for the victim, and embezzled by using the money in the manner of his/her debt repayment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each verification certificate, reply to the details of financial transactions of our banks, and the application of the Acts and subordinate statutes on response to financial transactions of Korean banks;

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Trade (a point of transfer of access media) and Article 355 (1) of the Criminal Act concerning facts constituting an offense (a point of embezzlement)

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of transferring an access medium provided for in the above provisions of the Electronic Financial Transactions Act) are each an access medium [in this case, an electronic card (Article 2 subparagraph 10(a) of the above Act) and a password (Article 2 subparagraph 10(e) of the above Act).

(i) One crime is established for each of the above crimes. However, each of the above crimes is common sense because the act of transferring multiple access media simultaneously constitutes a case where several acts violate the Electronic Financial Transactions Act by a single act.

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