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(영문) 서울서부지방법원 2017.01.11 2016고단3406
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From May 2015 to June 20, 2015, the Defendant is a person who had been working as a site warden at the construction site of a new building located in Gyeyang-gu, Soyang-gu, the owner of the movable property in which T was constructed.

The Defendant recommended the victim to “a person to perform construction works with another person’s construction license granted to him/her,” and introduced the person related to the towing development of the corporation to the victim, thereby allowing the victim to borrow the construction license, account, etc. of the said corporation.

1. Around 15:00 on May 20, 2015, the Defendant received, on behalf of the victim, a passbook in the name of the said stock company, a seal of the corporation, and two cash cards, sent to the victim by Kwikset through Kwikset’s service, from the front side of Eunpyeong-gu Seoul, Eunpyeong-gu 195.

While the defendant kept the above articles on behalf of the victim, he saw the remainder except for one cash card connected to the account of the bank account in the name of the mining development of the corporation, and left the victim with the above cash card at his own discretion.

Accordingly, the defendant embezzled the victim's property.

2. On May 28, 2015, the Defendant used computers, etc.: (a) posted a embezzled cash card and entered a password, such as paragraph (1) in a cash withdrawal period at a closed place; (b) transferred KRW 5,00,750 from the bank account in the name of the mining development name of the Co., Ltd. to G’s account; and (c) withdrawn KRW 84,373,900 in total over 18 times from that time until June 2, 2015, as shown in attached Table 1, from that time to June 2, 2015.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

3. On May 29, 2015, the Defendant: (a) puts a embezzled cash card into a cash withdrawal machine, as provided in paragraph (1), at a place in an irregular manner; and (b) puts a password into another bank.

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