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(영문) 서울서부지방법원 2021.02.24 2020고단2837
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium while receiving, demanding or promising any consideration in using or managing the access medium;

Nevertheless, the Defendant, at around 15:00 on June 19, 2019, refused to examine the loan of the Party at the C Bank from a person in unsound name who assumes the “C Bank D Proxy” in a false place.

It is possible to lend 30,000,000 won by making false transaction records.

different types.

A postal card received the proposal that the loan will be returned by mail after the execution of the loan, and consented to the loan from the above person, and then, around 16:03 on June 21, 2019, at the post office located in Dongdaemun-gu Seoul Metropolitan Government head office, Dongdaemun-gu, Seoul, the head of Dongdaemun-gu office sent the password to the above person without the name of the defendant using a door-to-door card connected to the E association account (Account Number F) in the name of the defendant and notified the phone number by telephone.

Accordingly, the Defendant promised to borrow the approach media in return for the intangible benefit of future loans.

2. On June 24, 2019, the Defendant: (a) received and kept KRW 6 million from the Defendant’s account in the name of the Defendant in the name of the Defendant as stated in the preceding paragraph from the Defendant Company B, and deposited KRW 6 million in the G Cooperative account in the name of the Defendant on June 25, 2019; (b) deposited KRW 6 million in cash from June 25, 2019 to the G Cooperative account in the name of the Defendant; and (c) thereafter, used it for personal purposes, such as credit card payments.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of transfer details, E Union transaction statement, inquiry of details of transfer transactions by G association account, copy of transfer confirmation document, post office-based compensation recipient's photograph, receipt of postal items, non-use of punishment, photograph of written agreement, and application of each of the written applications (additional statement) Acts and subordinate statutes;

1. Article 355(1) of the Criminal Act and Articles 355(1)(Embezzlement) and 49(4)2 and 6(3) of the Electronic Financial Transactions Act concerning criminal facts.

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