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(영문) 창원지방법원 마산지원 2013.08.28 2013고단490
횡령등
Text

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 6 months, respectively.

Reasons

Punishment of the crime

1. Violation of the Electronic Financial Transactions Act;

A. Defendant A and Defendant C’s joint criminal conduct (1) around April 25, 2013: (a) opened an account (G) in the name of Han Bank located in Seo-dong, Seo-gu, Daejeon; and (b) obtained a passbook and cash card (C) from the head of Seo-gu, Seo-gu, Daejeon; and (c) transferred Kwikset’s service articles to his name and received KRW 150,000 in return.

(2) On April 2013, the Defendants opened an account under the name of K (K) in the Han Bank located in Yongsan-dong, Seo-gu, Daejeon, Daejeon, and opened the said account in the said name (L) with the agricultural cooperatives located in the Seo-gu, Daejeon. At that time, the Defendants received 300,000 won in return for the transfer of two passbooks and two cash cards to each of the said accounts via bus-based services from the Daejeon Complex Terminal located in the Dong-dong, Daejeon, Daejeon.

(3) On April 2013, the Defendants opened an account (O) in the name of one bank located in the port area in Yongsan-gu, Seoyang-gu, Mangsan-si. The Defendants transferred the passbook and cash card (CC) to the sub-party of the Seoul Dong-si bus service using Kwikset service, and transferred it to the party under whose name they received KRW 300,000,000 from the beneficiary.

B. On April 25, 2013, the Defendant of Defendant B’s sole criminal administration: (a) reported the writing posted by the Nonindicted Party’s name, “a personal passbook inserted” via the Internet; and (b) decided to transfer the passbook and cash card to the Defendant.

Therefore, the Defendant opened two accounts (P and Q) in the name of the Defendant at the regional community credit cooperatives located in Nam-gu, Nam-gu, Gwangju, and transferred two passbooks to each of the above accounts and two cash cards (T) through Kwikset service article, and received KRW 200,000 in return.

C. Defendants’ co-principal.

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