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(영문) 수원지방법원 성남지원 2018.09.18 2018고정128
횡령등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall lend any access medium used in electronic financial transactions in return for promise;

Nevertheless, on March 15, 2017, the Defendant, before the Defendant’s house located in Sungnam-gu, Sungnam-si, the Defendant received a proposal from a non-nameless person to “to pay KRW 600,000 if he leases the e-mail card with the head of the Tong-gu,” and lent the e-mail card to the Defendant’s account in the name of KEB (Account Number C) by using the e-mailing engineer to transfer a copy of the e-mail card connected with the e-mail bank account in the name of the Defendant.

2. On March 17, 2017, the Defendant embezzled: (a) deposited KRW 701,000 in the KEB bank account in the name of the Defendant under the name in the name of the Nonindicted Party 1’s name in accordance with the crime of fraud by a person who was not killed in the name, at the central point of Sung-nam branch of Han Bank, which was 167 due to the revision of Sung-nam Si, Sungnam-si; (b) and (c) then embezzled KRW 700,000, out of the deposit, by withdrawing KRW 700,000 from that time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A certificate of confirmation of transfer and a certificate of confirmation of transfer;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant Article 355(1) of the Criminal Act (the point of embezzlement), Article 49(4)2, and Article 6(3)2 (the point of lending access media) of the Electronic Financial Transactions Act, the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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