logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2017.05.02 2017고단110
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On March 30, 2016, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Military Service Act at the Daejeon District Court, and the said judgment became final and conclusive on April 7, 2016.

[Criminal facts]

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;

Nevertheless, on March 2016, the defendant sent the two copies of the e-mail card from the person who is not the name of the defendant, the defendant will give KRW 100,000 in return for sending it.

“In receipt of the proposal “,” the head of Kwikset Co., Ltd., linked to the Saemaul Treasury Account (C) in the name of the Defendant, and one head of the physical card connected to the National Bank Account (D) in the name of the Defendant, transferred each of the above persons named in the name of the Defendant, using Kwikset’s service in front of Skwikset apartment at Sejong-si 70-ro, Sejong-si.

Accordingly, the defendant transferred the access media used in electronic financial transactions.

2. The Defendant, as described in paragraph 1, transferred a physical card connected to his account to a nameless person, and then released money to the account when the money was deposited into the account, prior to the above nameless person, and thought that he would use the money.

On March 21, 2016, the Defendant: (a) transferred a copy of the physical card connected to the accounts of the Saemaul Depository (C) located in the name of the Defendant at the time and place mentioned in paragraph (1); and (b) transferred the said money to the said account by the victim E, who was in custody of the said money for the victim, due to telephone financing fraud from a person in the name of the victim E; (c) around 12:44, around 193-33, the Defendant released all of the said KRW 5 million at the branch of the Saemaul Fari-ri Fari-ri 193-33, Fari-ri, Seoul, Seoul, and used the said money for the purpose of living expenses, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of deposit in a refund;

1. A written application for subscription and details of account transactions;

1. Judgment.

arrow