logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.02.17 2015고단3077
횡령등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2015, the Defendant violated the Electronic Financial Transactions Act: (a) around September 3, 2015, issued a head of the physical card connected to the Saemaul Treasury (C) account (C) account in the name of the Defendant in front of the Eunpyeong-gu Seoul apartment B apartment; and (b) informed Kwikset of the password of the said physical card.

As a result, the Defendant transferred the passwords necessary for using the e-mail cards and e-mail cards, which are media access to electronic financial transactions, respectively.

2. The Defendant, like the preceding paragraph, transferred a Saemaul Bank’s account, with the intention to arbitrarily withdraw and gain money, notwithstanding the absence of any right to dispose of the money deposited in the said account by another person.

On September 4, 2015, the Defendant arbitrarily consumed KRW 1,159,048 on a total of six occasions as shown in the list of crimes in attached Table, such as remitting KRW 165,127 to a telebank loan (ju) in order to pay interest on one’s own loan on the same day, the Defendant: (a) transferred KRW 165,127 to the Saemaul Treasury account of the Defendant, a house of the Defendant in Eunpyeong-gu Seoul, to keep KRW 7,60,000,000,000,000,000 won, by deceiving the said Saemaul Treasury account into the fraud of the so-called Bophishing.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Written statements of D;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes to an investigation report (a copy of a letter), investigation report (the details of transactions of Saemaul Bank in the name of a suspect);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 49(4)1 and 6(3)1 (a) of the Act on Electronic Financial Transactions (a point of transfer of access media), Article 355(1) of the Criminal Act (a point of embezzlement) and each choice of imprisonment with labor;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the following reasons for sentencing) is [Recommendation.]

arrow