(영문) 청주지방법원 2018.08.07 2017고단1510

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(영문) 청주지방법원 2018.08.07 2017고단1510

횡령등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. Violation of the Electronic Financial Transactions Act;

(a) Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising the payment of the price;

Nevertheless, on June 1, 2015, the Defendant was asked to pay KRW 1,00,000 in return for the loan of the passbook from a person who was in the name of the deceased at the end of the year. In response, around July 1, 2015, the Defendant lent the access media to a person who was in the name of the accused at the front of the Gu of Cheongju-si around July 1, 2015, with the head of the national bank account (E), the OTP card, the password card, and the password delivered KRW 1,00,00 in the name of the accused.

(b) No person shall borrow or lend any access medium, or store, deliver or distribute such medium, knowing that such medium is to be used for any crime, unless otherwise specifically provided for in any other Act;

Nevertheless, on July 16, 2015, the Defendant, with the proposal of "the head of the Tong and the e-mail card to provide loans, and the personal identification number are known to be used for the criminal conduct of Bosing," from a person in the name of the police officer in the middle of July 2015, the Defendant, while recognizing that he would be used for the criminal conduct of Bosing, sent the head of the Tong and the e-mail card, and the password of the passbook, the e-mail card, and the e-mail of the bank account (G) to the person without the name.

Accordingly, the defendant knew that he will be used in the crime, and delivered the access media.

2. Embezzlement;

A. On July 16, 2015, the Defendant discovered that KRW 40,000,000 was deposited in the post office account in the name of the Defendant from the victim H to the post office account in the name of the Defendant and kept for the said victim, the Defendant transferred KRW 8,193,818 to the new bank account (I) in the name of the Defendant on two occasions in the same day, and affixed the following seals:

7. 17. 3 times in total 13,00.

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