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(영문) 인천지방법원 2015.04.24 2015고단1239
횡령등
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B and C, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After the Defendants transferred the means of access, such as a passbook, to the person who was unaware of the name, the Defendants gathered to withdraw the money deposited in the said passbook and intended to use it. Defendant C had a role to contact with the above person who was unaware of the name, Defendant A had a role to recruit the person who was to transfer the passbook and to introduce it to Defendant C, and Defendant B conspired to have a role to transfer the means of access

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

According to the above conspiracys, Defendant C transferred the means of access to the name in the name of “F” and contacted Defendant C with the recipient of KRW 300,000 in return for the transfer of the means of access. Defendant A introduced Defendant B to the transferor of the passbook to Defendant C; Defendant B, around December 19, 2014, issued the passbook of the new bank account (G) with his name in the name of the new bank account (G) and the e-mail card to the bearer of the new bank account (G) in the Seoul Yangcheon-gu Seoul Metropolitan Government on December 19, 2014.

As a result, the Defendants conspired to transfer the means of access to their names.

2. As stated in Paragraph 1, the Defendants conspired to arbitrarily withdraw and use the money deposited in the said new bank account in the absence of any authority to dispose of the money deposited in the said new bank account, as the Defendants transferred the new bank passbook, check card, and check card in the name of the Defendant B to the person who was unaware of the name.

On December 22, 2014, the Defendants deposited KRW 6,100,000,000,000,000,000,000 from the said new bank account under Defendant B, by deceiving the victim H to the so-called so-called “Sishing” fraud, and had the victim H deposited into the said account. On the same day, around 15:38, Defendant B transferred KRW 5 million among them to the bank account under his name.

Accordingly, the Defendants conspired with each other.

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