(영문) 광주지방법원 2015.06.16 2014고단4730

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(영문) 광주지방법원 2015.06.16 2014고단4730

횡령등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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. Any person who violates the Electronic Financial Transactions Act shall be prohibited from transferring or taking over the means of access used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction unless otherwise provided for in other Acts;

Nevertheless, on March 3, 2014, the Defendant sent each passbook and cash card of the new investment securities account (C), HMC Investment Securities account (D), and the Korean Investment Securities Account (E) opened in the name of the Defendant at the center of Daejeon-dong, Daejeon-dong, Daejeon-dong, to F. On March 3, 2014, each passbook and cash card opened in the name of the Defendant was sent to F. around the 6th day of the same month by sending the passbook and cash card in the name of the Defendant in the name of the Defendant in the Gwangju-dong 611.

Accordingly, the Defendant transferred the means of access to each of the above accounts.

2. Around March 7, 2014, the Defendant embezzled, as indicated in paragraph (1), deposited KRW 21,757,560, which was the sum of KRW 21,757,560 of the transferred funds by deceiving the victim M to commit the so-called Bophishing fraud, and then transferred to the said modern securities account (K) at the time of opening the account, and embezzled it by using the text message for deposit money, which was received at the time of opening the account, the Defendant visited the said Hyundai Securities Co., Ltd. branch and embezzled the employees in charge of the said Hyundai Securities Co., Ltd. by visiting the said Hyundai Securities Co., Ltd. branch to “the account was lost, thus suspending the account and withdrawing all balance,” and then embling it by arbitrarily using the said amount by withdrawing KRW 21,057,56

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Copy of the prosecutor’s statement; and

1. The police M.

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