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(영문) 창원지방법원 2015.04.08 2014고단1059
횡령등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person violating the Electronic Financial Transactions Act is prohibited from transferring the means of access used for electronic financial transactions. On December 26, 2013, the Defendant was offered to offer 500,000 won per month when sending two passbooks, cash cards, etc. from his/her name in a non-defluence place to his/her name, and the Defendant was offered to offer KRW 5 million per month. At around 14:00 on the same day, at around 14:0, Doha-do, Kim-dong, Kim Jong-dong, Kim-do, 201, by a post office (B) and the Nong Bank (C)’s passbooks and cash cards, etc. established in the name of the Defendant at the same parking lot, and around that time, he/she sent the above name-defluence to the above non-defluence by telephone.

Accordingly, the Defendant transferred the passbook, cash card, security card, and its password to another person, and transferred the means of access used in electronic financial transactions.

2. When the Defendant, while opening the above post office and the NongHyup Bank account, requested the Defendant to send text messages to the Defendant’s handphone with respect to the fact that money was deposited and withdrawn from the said account, and came to know that money was deposited and withdrawn from the said account, he tried the victims to embezzled the money remitted to the said account.

On December 26, 2013, at around 22:23, the Defendant, while keeping a sum of KRW 1.6 million, which was transferred to the account of the Defendant’s said Nonghyup Bank at the time of cash withdrawal from Kimhae-dong, Kimhae-si, the Defendant arbitrarily consumed and embezzled the Defendant’s personal obligation by withdrawing the same day and using it to repay his/her obligations at around that time.

B. On December 26, 2013, at around 22:38, 2013, the Defendant transferred KRW 1.1 million out of KRW 1.1 million to the Defendant’s corporate bank account while he/she kept custody of KRW 1.1 million from the Defendant’s new bank account via the password acquired from the victim D.

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