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(영문) 인천지방법원 2016.04.07 2016고단931
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 15:00 on October 21, 2015, the Defendant issued Kwikset services to a person whose name is unknown at the front of the F convenience point of the building in Bupyeong-gu Incheon Bupyeong-gu, Incheon, on the condition that he receives a passbook from a national bank account in the name of the Defendant and a e-mail card connected thereto, 100,000 won.

2) On December 2015, the Defendant: (a) sent Kwikset’s service on the condition that a person whose name is unknown at the entrance of the building above E, who was unable to know at the beginning of the building above, receive a passbook in the new bank account under the name of the Defendant and a e-mail card connected thereto from the passbook 3,000,000 won per month; and (b) notified Kwikset of the password number via the Kakao Stockholm.

Accordingly, the defendant transferred the electronic financial transaction access media more than twice in total.

2. The Defendant, as stated in paragraph 1, transferred a passbook and a check card in the name of the Defendant, and, upon deposit of money in the above passbook, did not appear to have a desire to withdraw money.

1) On October 21, 2015, the Defendant became aware of the fact that the said national bank account that the Defendant transferred through a written notice service was deposited KRW 1,600,000 from the victim C, and KRW 1,60,000 from the victim D.

At around 16:53 on the same day, the Defendant, while keeping the above money for the victims, withdrawn 1,00,000 won in cash using the cash card held by the Defendant at the seat point of the National Bank, and embezzled 1,597,500 won in turn by transferring the above money to the new bank account in the name of the Defendant in order of 501,000 won, 96,500 won.

2) On December 11, 2015, the Defendant became aware of the fact that KRW 4,514,000 was deposited from the victim G to the said new bank account that the Defendant transferred through a written notice service.

While the defendant was in custody of the above money for the victim, he is located at the 44th National Agricultural Cooperative branch in Bupyeong-gu, Incheon at around 21:12.

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