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(영문) 대구지방법원 2018.06.29 2017고합358 (1)
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and D, along with E, F, and G (hereinafter referred to as “E, etc.”) around May 2013, concluded that “The victim H operating a private sports earth site in Seoul (hereinafter referred to as “E, etc.”) transferred the access media, such as passbook, etc. to the victim H, and forcedly gathered to arbitrarily withdraw and use the money deposited into each of the above accounts, and then the victim “the victim will provide the accounts in the name of the Na to the private sports earth site’s deposit account of the Na, and demand the payment for the use of the account.”

However, at the time of fact, even if the defendant and D used the account in the name of the person who provided it to the account for the entry and exit of the private sports soil site, the defendant and D did not have the intent or ability to allow the victim to use the account in the name of the person.

Nevertheless, the Defendant and D, as seen above, deceiving the victim, sent to the victim an access medium, such as a passbook in the name of 1, J, K, L, L, M, N,O, P, and eight accounts listed in the List of Offenses through express bus cargo at the Dong-gu High Bus Terminal located in Daegu-gu, Daegu-dong, Daegu-gu, and around that time. Around that time, the Defendant and D sent the victim an account in the name of the above I, such as the above I, to the victim in charge of betting and exchange account, and then posted the above I, etc. to the victim in the above private sports earth site.

7.5. The same year from May of the same year, including the receipt of KRW 140,00 from Q, a user of the above site, to the National Bank R’s account under the name of Q, etc.

7. During the process of transferring money from the above site users, such as Q, to the use of money for money for betting or money for money for betting deposited in another account, etc., a total of KRW 53,895,788 was paid to the above I and other accounts.

After that, the defendant, D, E, etc. will be given notice service of text messages to account holders, such as I.

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