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(영문) 인천지방법원 부천지원 2018.10.25 2018고단1517
횡령등
Text

Defendant

A Imprisonment for 10 months, he shall be punished by a fine of 3,00,000 won for each of the defendants B and C.

Defendant

B, Defendant .

Reasons

Punishment of the crime

1. On April 28, 2017, Defendant A’s embezzlement: (a) around 2017, the victim C, through a branch of Garan, lent the name of the proprietor of the Garan tavern business that the victim was scheduled to operate; and (b) delivered a passbook leading to the association account in the name of the proprietor to pay the rent deposit money under the name of the proprietor; and (c) on May 2, 2017, Defendant A embezzled KRW 70 million from the representative EF, who received a request from the victim for the payment of rent deposit money for the said Garan; and (d) embezzled it by arbitrarily withdrawing KRW 100,000 out of KRW 10,000,000 for personal use on the same day.

2. Except as otherwise provided for in other Acts, no person who violates the Electronic Financial Transactions Act shall use or manage any access medium by the Defendants may borrow or lend any access medium at the time of receiving the consideration, and shall not deliver it.

Defendant

A, as seen above, through Defendant C, lent the name of the business operator and the head of Tong, etc. necessary for the business operation of Defendant B, which Defendant B is scheduled to operate. In return for the lending, Defendant B received total of KRW 2 million from Defendant B twice each time on April 10, 2017 and April 25, 201, and Defendant C received KRW 2 million each time on two occasions. Defendant C received KRW 2 million from Defendant B in return for introducing Defendant B to get a loan of the business operator’s name and head of Tong, etc. as above. Defendant B issued the money as above, and then Defendant B intended to receive the transaction passbook and head of Tong in the name of Defendant B.

A. Defendant A around April 28, 2017, around the convenience store adjacent to the landing bridge of G company G located in YY-gu, Y-gu, Y-si, through C, lent a medium of access in return for consideration by providing C with the connection, password, etc. of the D association account under his/her name to B.

B. Defendant B, around April 28, 2017, provided by the above A at the first floor coffee of J building located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

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