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(영문) 대구지방법원 2018.08.09 2018고단1072
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing the electronic card or any other similar electronic information, certificate, password, or any other access medium;

Nevertheless, on November 2017, the Defendant sent each physical card connected to the Daegu Bank Account (Account Number D), Agricultural Bank Account (Account Number E), and Postal Account (Account Number F) in the name of the Defendant at the company located in Daegu-gu, Daegu-gu around 12th of the same month, and then delivered each physical card connected to the Postal Account (Account Number F) under the name of the Defendant, to the person in whose name the Defendant would be paid KRW 70,000 per day of the head of the Tong-gu.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

2. On November 14, 2017, the Defendant, on the part of the Defendant, had 300,000 won, totaling KRW 50,000, and KRW 500,000, were kept in custody for the said failure, by deceiving the victim G and deceiving the victim H to transfer to the said Daegu Bank account under the name of the Defendant.

On November 15, 2017, the Defendant arbitrarily withdrawn the sum of KRW 500,000,000, which is owned by the said victims from the point of the salary-dong branch of the Daegu Namdong-dong, Daegu-gu, Daegu-gu, Daegu-dong, and embezzled it by consuming living expenses, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. The Daegu Bank Response;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a post office account or a copy of a bankbook);

1. Article 355 (1) (Embezzlement of embezzlement) of the Criminal Act applicable to the facts constituting an offense, and Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a lease of access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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