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(영문) 대전지방법원 2018.11.30 2018고단2713
횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend any access medium to another person while receiving, demanding or promising to receive compensation;

Nevertheless, on May 18, 2018, the Defendant: (a) heard the speech that “ID, password, and OTP numbers are available to the account after opening an account for 7 to 10 days; and (b) opened an account at a new bank from Daejeon-gu Daejeon-dong Daejeon-gu Seoul Special Finance Center; (c) issued a certificate of official approval; and (d) on the same day, the above account number and password, ID, and password of the above official certificate were notified to the person who was not entitled to the above name by pictures and letters through Kakao Stockholm on the same day; and (e) thereafter, from around that time to May 23, 2018, the Defendant informed the person who was not entitled to the above name by means of OTP numbers each time he/she was notified of the name of the above BOTP number.

2. The Defendant: (a) on May 23, 2018, in the residence of the suspect, around 19:31, the Daejeon Dong-dong 501, the victims, who were affiliated with the non-scaming organization, deposited into the said bank account in the name of the Defendant; (b) the victims, who were in the non-scaming organization, deposited into the said bank account in several times by the said Boscing organization; and (c) had been transferred several times

While keeping KRW 1,291,700, it was embezzled by arbitrarily transferring it to one bank account (Account Number: E) in the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition filed by the F;

1. Application of Acts and subordinate statutes to the details of transfer, seizure, search and inspection warrant and reply;

1. Relevant Articles 49(4)2 and 6(3)2 (a) of the Act on the Electronic Financial Transactions and Trade (a point of lending an access medium) concerning criminal facts, Article 355(1) of the Criminal Act (a point of embezzlement) and each sentence of imprisonment is selected.

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