(영문) 전주지방법원 군산지원 2020.06.05 2019고단1696

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Reasons

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줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2020.06.05 2019고단1696

횡령등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;

At around 13:00 on September 30, 2019, the Defendant heard the phrase, “If the Defendant sent the e-mail card so that it may be used in money laundering, it will bring about KRW 4 million per month to the company operating the illegal sports soil site,” and accepted it, and transferred two e-mail cards and passwords connected to the E-bank account (F and G) in the name of the Defendant via Kwikset Service Articles.

Accordingly, the Defendant transferred the means of access.

2. The above person who is the organization of the crime of embezzlement and phishing the false statement that "it is possible to lend an amount of KRW 47 million at the interest rate of 7.2%," from the victim H at the time specified in paragraph 1, and that it is possible to repay the existing loan," and the victim wired the amount of KRW 6 million to the above E-bank account (F) in the name of the defendant designated by the above person who was not entitled to receive the above name on the same day.

As above, while the Defendant kept 6 million won deposited in the above J bank account of the Defendant, he knew that the above money was owned by another person, transferred 6 million won to the K Union account (L) in the name of the Defendant on the same day, and used it for personal purposes, such as using the vehicle installment payment at around that time.

Accordingly, the defendant embezzled the property stored for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement or record of a police suspect interrogation protocol of M with the police officer;

1. A H statement;

1. Report on internal investigation and report on internal investigation (verification of whether the amount of damage is withdrawn);

1. Official receipts, and

참조조문

-전자금융거래법

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