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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Electronic Financial Transactions Act shall take over or transfer any access medium in using or managing any access medium for electronic financial transactions;
Nevertheless, on December 26, 2016, the Defendant is allowed to make a loan from a person who assumes the position of KB Capital staff from a person who assumes the position of KB Capital staff in front of the Insane Station located in the Goyang-dong in Ansan-gu, Dongdaemun-gu.
However, in order to enhance credit, it is sent through Kwikset Services as the head of the Tong and Cock Card need to be
H. “Along with contact,” the Defendant transferred the access media by delivering to Kwikset Service Articles the passbook (B) and one check connected to the passbook (B) in the name of the Defendant’s bank account and one check connected thereto.
2. When the Defendant, as described in paragraph 1, delivered the passbook of the company bank account and the e-mail card connected to Kwikset Service Articles to the company’s account, and came to know on December 29, 2016 that a person who suffered from an in-nameless damage wired KRW 200,000 to the company’s bank account (B) in the name of the Defendant, the Defendant arbitrarily withdrawn the above money and embezzled the victim’s property by consuming it for personal purposes such as living expenses.
Summary of Evidence
1. Partial statement of the defendant;
1. The protocol of interrogation of the accused by the prosecution (second time) (the defense counsel has no intention to transfer the access media);
However, the Defendant asserted that he sent the access media to Kwikset service article and had the intention to be reissued without returning it.
The Prosecutor stated in the prosecution)
1. Each written petition of C, D, and E;
1. Application of the statutes notifying data on financial transaction status;
1. Relevant legal provisions concerning the facts constituting an offense, Articles 49(4)1 and 6(3)1 (a) of the Act on Electronic Financial Transactions (a point of transfer of access media), Article 355(1) of the Criminal Act (a point of embezzlement) and the selection 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Sentencing Article 62-2 of the Criminal Act on the observation of protection.