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(영문) 서울중앙지방법원 2013.08.22 2012고정4962
횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

"2012 Highly 4962"

1. Around December 28, 2011, the Defendant, at the “C” located in Dongjak-gu Seoul Metropolitan Government, withdrawn KRW 1 million from the victim D, and received a securities card instead of the victim’s ownership upon the request of the victim.

The defendant puts a securities card in the cash automatic withdrawal machine installed in the Dongjak-gu Seoul Metropolitan Government National Bank, entered the password known to the victim, and then withdrawn one million won in cash and used it at will while being kept for the victim.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, at the time and time set forth in paragraph 1, withdrawn KRW 1 million by the securities card instead of withdrawing KRW 1 million from the victim D with the securities card, which was allowed by the above national bank to withdraw KRW 1 million from the victim D. In addition, the Defendant released KRW 5 million by additional KRW 5 million.

As a result, the Defendant acquired economic benefits equivalent to one million won exceeding the permitted one million won out of the withdrawn 6 million won by inputting information without authority on the data processing system, such as computer, etc.

"2012 Highly 4963"

1. On May 20, 201, at around 23:00 on May 20, 201, the Defendant received 700,000 won by requesting the Defendant to withdraw 700,000 won with the e-mail card owned by H from the customer G from the “F main store” located in the second underground of Gangnam-gu Seoul, Gangnam-gu, Seoul.

The Defendant released a total of KRW 5,800,000,000 through seven occasions, such as inserting the said check in a cash automatic withdrawal machine established at the Tti Bank located in Gangnam-gu Seoul Metropolitan Government, inputting one million won in the amount column without authority, and withdrawing the amount.

As a result, the defendant, by inputting information without authority on the computer and other information processing device, has the data processed and making the data processed, has a property interest corresponding to more than 700,000 won, which is the amount delegated to withdraw from 5,800,000 won.

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