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(영문) 인천지방법원 2017.05.19 2016고단7258
횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

"2016 Highest 7258"

1. Violation of the Electronic Financial Transactions Act;

A. On November 16, 2015, the Defendant received “200,000 won per head of Tong-gu” from a person under his name, and around November 16, 2015, the Defendant transferred the passbook, head of Tong-gu, e-mail card, one e-mail card, and one e-mail card, each connected to the Defendant’s name bank account (Account Number D) at the nearby Dong-gu Incheon Metropolitan community service center.

B. On November 17, 2015, the Defendant received the proposal as mentioned in the preceding paragraph, and around 08:30 on November 17, 2015, transferred each of the passbooks, debit cards, and the passwords, each of which are linked to the new bank account (Account Number E) in the name of the Defendant from the street, to the person who was missing.

2. As described in paragraph 1, the Defendant transferred the access media connected to the Defendant’s name bank account and the new bank account to the needy party, and confirmed that the funds were deposited into the said account through the Internet banking, and sentenced the Defendant to use them for the cost of living by transferring or withdrawing them.

A. On November 18, 2015, the Defendant, at around 09:08, deposited KRW 5,006,112 for the victims while terminating the said account without returning it to the victims in light of the Central Finance Center for the Jinju of a new bank located in the 526 white building in Jinyang-si, Jinyang-si, 08, the sum of the amounts transferred to the new bank account in the name of the Defendant as stated in subparagraph 1-B, and then embezzled by arbitrarily using the amount of KRW 5,006,112 for living expenses, etc. around that time.

B. On November 18, 2015, the Defendant: (a) deposited part of the money that the victims, other than the victim F, transferred to the account of the Defendant’s name in the name of the Defendant in the name of the Defendant in the name of the Defendant as stated in paragraph (1) at the point of the Jinju-si branch of the Korea Bank located in 1063 as of November 18, 2015; and (b) withdrawn KRW 29,354 while terminating the said bank account without returning it to the victims; and (c) voluntarily using it around that time.

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