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(영문) 대구지방법원 2016.05.12 2015고단5383
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 became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer any medium access to electronic financial transactions;

Nevertheless, on September 5, 2015, the Defendant accepted the proposal that “if the head of a Tong is transferred, one million won per unit shall be made.” On September 7, 2015, the Defendant sent a new bank account (Account Number: D) in the name of the Defendant in front of the head of the Daegu-gu dong-gu Seoul apartment 1502, where the Defendant lives, and sent a password by telephone to the non-resident in front of the head of the Tong-gu 1502, and one bank account (Account Number: Account Number: : E) and one bank account (Account Number) connected respectively.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

2. On September 10, 2015, the Defendant: (a) transferred a passbook to a person in a name in the same manner as in the preceding paragraph; and (b) discovered that the Defendant was wired KRW 4,568,500 in total to the said new bank account and the national bank account as in the list of crimes attached hereto from 11 persons, such as the victim F, etc., and then embezzled from that time, the Defendant was kept in custody for each victim by voluntarily withdrawing the entire amount from September 14, 2015 to September 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, H, I, J, K, F, L and M;

1. Details of each account transaction;

1. Application of Acts and subordinate statutes on transactions in each account and transactions on Internet banking;

1. Articles 49 (4) 1 and 6 (3) 1 (a point of transfer of each access medium) of the relevant Act on the criminal facts under the relevant Act, and Article 355 (1) of the relevant Criminal Act (a point of each embezzlement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each type of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act – Reasons for sentencing in favor of the victims: the considerable amount of damage was returned to the victims; there was no criminal record of the same kind of crime or of the suspension of execution; and late later.

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