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(영문) 울산지방법원 2015.09.10 2015고단1850
횡령등
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 14, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and was released on December 23, 2011 in a female prison on the parole on December 23, 201, and the parole period expired on January 21, 2012.

1. No person who has violated the Electronic Financial Transactions Act shall commit any act of lending a means of access with or with compensation for the transfer, acquisition or transfer of, or with compensation for, the means of access, or arrange such act;

Nevertheless, around January 6, 2014, the Defendant transferred a passbook to be used by a foreign worker from his/her name in the DPC bank located in Guro-gu Seoul Metropolitan Government to receive monthly pay from his/her name-free persons to the name-free persons. Around January 6, 2014, the Defendant transferred a bank number of KRW 500,000 per head of the Tong. A bank account under the name of the Defendant (Account Number E), one cash card (Account Number:F), one debit card, one debit card, and one bank account in the name of G (Account Number:H) and the password of each of the above accounts to the name-free persons through Kwikset Service.

Accordingly, the Defendant transferred the means of access to the account opened in the name of the Defendant, and arranged the transfer of the means of access to the account opened in G name.

2. Around 11:01 on January 10, 201, the Defendant: (a) transferred KRW 9,000,000 to the post office account in the name of the Defendant using the said Nonghyup Bank’s cash card in the custody of the Defendant for the victim; (b) immediately transferred the name in the name of the Defendant to the post office account in the name of the Defendant; and (c) immediately returned the amount of KRW 6,00,000,000 to the post office account in the name of the J, which was used by the Defendant; and (d) immediately returned the amount of KRW 9,00,000,000 to the post office account in the name of the Defendant, which was used by the Defendant.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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