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(영문) 광주지방법원 2015.04.08 2015고단329
횡령등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On May 18, 2011, the Defendant was sentenced to ten months of imprisonment with prison labor at the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on December 10, 201.

【Criminal Facts】

1. On June 27, 2014, the Defendant violated the Electronic Financial Transactions Act (hereinafter “New Bank Account”) transferred a physical card connected to the Defendant’s new bank account (AL) to Kwikset Service Articles in the vicinity of the new forest station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the new bank account in the name of the Defendant.

2. On September 2014, the Defendant violated the Electronic Financial Transactions Act (SK Securities Account) transferred the means of access to the electronic financial transaction by building the cash card connected to the SK Securities Account under the name of the Defendant to Kwikset Service Articles, who are named in the name of the Defendant, at the seat of the 103th floor of the 1st floor of the AO building in Gwangju Northern-gu, Seoul.

3. On September 3, 2014, the Defendant subscribed to the service for which the Defendant’s cell phone transmission cycle is the Defendant’s cell phone if the money is deposited in the said account at the SK Securities Gwangju Center located in Seo-dong 1176-1, Seo-gu, Gwangju, Seo-gu.

After that, the Defendant, as stated in paragraph (2), sent a cash card connected to the above account to Kwikset Service Articles, who was named in the name, and the victim AO deposited KRW 1 million into the above account on September 19, 2014, around 10:40 on September 19, 2014.

On September 19, 2014, the Defendant had been able to use the above money by advertising it, transferred it to another SK securities account in the name of the Defendant through Internet banking around 11:16 on September 19, 2014, and used it arbitrarily for the purpose of living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. AO statements;

1. Warrant 2014-6341, an application for accession, and details of transactions;

1. Answer of details of transactions;

1. Previous convictions in the judgment: Criminal history;

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