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Reasons
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(영문) 인천지방법원 부천지원 2015.10.16 2015고단2223
횡령등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 transfer any means of access used in electronic financial transactions unless otherwise specifically provided for in any Act;

Nevertheless, around February 16, 2015, at the defendant's office located in Bupyeong-gu B and 5, the defendant entered a passbook in the bank account (C) in the name of the defendant, a check card (D) connected to the above account, and a checkbook in the paper box, and delivered it to the person whose name is unknown through Kwikset service article.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

2. The Defendant was willing to withdraw money deposited in the Korean bank account that was transferred as above and embezzled.

On February 23, 2015, at around 15:48, the Defendant: (a) deposited KRW 5.95 million in the account of the said bank account by the victim E, and (b) received notification of the fact by Sms notification service at the time of opening the deposit account; and (c) returned the amount remitted by mistake to the victim; (b) however, at around 15:50,00 won, including KRW 870,00,000,000 to the mobile banking using a smartphone, was transferred to the bank account in the name of the Defendant at around 15:51, and then used the credit card payment, debt repayment, etc.

In addition, the Defendant issued a physical card (G) linked to the account of our bank that was transferred at the Go River branch located in 349-1, Young-gu, Macheon-gu, Macheon-gu, Macheon-gu, and paid KRW 30,000 won from the above physical card at the “I” restaurant located in H of Gangseo-gu, Seoul on February 24, 2015.

Accordingly, the Defendant embezzled 5.9 million won, which is the victim's possession.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written petition;

1. Details of transactions by period of receipt / customer;

1. Each written provision of financial transaction information, each certificate of deposit transaction records (A), and

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