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(영문) 대전지방법원 서산지원 2016.09.22 2015고정265
횡령
Text

1. The sentence against the accused shall be 2,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 19, 2014, at around 22:00, the Defendant used computers, etc.: (a) requested to withdraw KRW 200,000 from E’s room room in the front D’s room in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (b) released KRW 1,40,000 by inserting a credit card owned by him/her; (c) from 22:27 on the same day to 22:34 on the same day, the Defendant sent the said card to the automatic payment machine managed by the Nonghyup AF for the victim’s negligence in the said C; and (d) entering the amount and password into the amount and password.

As a result, the defendant entered information into a computer or any other information processing device without authority and made the data processed, thereby acquiring financial benefits equivalent to 1.2 million won.

2. The Defendant embezzled 200,000 won upon request from the victim E at the time and place specified in paragraph (1) and embezzled by consuming it for personal purposes, such as purchase of tobacco at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions of free savings, and application of CCTV screen Acts and subordinate statutes;

1. The fraud by using the relevant legal computer, etc. for criminal facts: Article 347-2 of the Criminal Act, the selective embezzlement of fines: Article 355 (1) of the Criminal Act, the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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