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(영문) 전주지방법원 군산지원 2014.03.20 2014고단98
횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 25, 2013, the Defendant entered into a contract for “Immediate settlement service” in the name of the victim consumer financial loan company and E in order to operate the D points located in the wife population at the coffee shop where it is impossible to identify the names located in the member-gu Go-dong in Ansan-si, Ansan-si.

The above immediate settlement service provides that the victim company shall immediately deposit the credit card price paid by the customers at the same chain store as the above D office (the amount after deducting 1.1%) with the merchant, and then deposits the credit card price paid by the customer to the bank account of the credit card company in the latter credit card company after deducting the credit card fee paid by the customer and then transfers the amount to the victim company. At the time of concluding the contract, the credit card merchant provides the victim with the passbook, authorized certificate, password, security card, etc. of the bank account in which the credit card price is deposited to the credit card company so that the victim can directly collect the payment from the credit card company to the merchant. Thus, the amount deposited in the account in the name of the merchant is the money specified for the purpose of transferring it to the victim company.

The Defendant issued a passbook, authorized certificate, password, security card, etc. connected to the bank account in the name of E through the foregoing contract, and kept the credit card money deposited in the said account for the victim. While the nominal owner of the said account is E, he/she may, upon his/her request, be reissued an authorized certificate, cash withdrawal card, etc. connected to the said account with E along with E, using the fact that he/she could have an authorized certificate, cash withdrawal card, etc. connected to the said account, and changed the password necessary for the withdrawal, and then released the credit card money deposited in the said account for personal use.

On August 18, 2013, the Defendant, at the Sung-nam Branch of the Bank, is the said account together with E at the same time.

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