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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Defendant, on June 28, 2013, sentenced eight months at the Changwon District Court to a violation of the Game Industry Promotion Act, and completed the execution of the sentence on April 7, 2014.
【Contents of the Crime】
1. In using and managing the means of access to electronic financial transactions, no person may transfer the means of access unless otherwise specifically provided for in any other Act;
On December 18, 2014, the Defendant promised to receive KRW 300,000,000 from the deceased in his/her name to the deceased in his/her name, and transferred one copy of the post office deposit passbook (Account Number D) in the name of the Defendant, the means of access at the same place on December 22, 2014, and promised to receive KRW 300,000,000 from the deceased in his/her name at the same place to receive KRW 300,000 per one month, and transferred one deposit passbook (Account Number E), one bank deposit passbook (Account Number F) in the name of the Defendant, and one check card, respectively.
2. Embezzlement and aiding and abetting fraud;
A. The Defendant transferred the victim G’s deposit passbook opened in the name of the Defendant to an influent person, and when the deposit account is used for committing a crime, such as scaming, etc., he/she had the intent to embezzled money when entering the deposit account, and transferred the deposit passbook, etc. under the name of the Defendant to an influent person on December 2014, as provided in paragraph (1).
On December 24, 2014, at around 15:35, the Defendant: (a) deposited KRW 5 million from the deposit account in the name of the victim G to the deposit account of the community credit cooperative (E) in the name of the Defendant that transferred to the non-member of the name of the Defendant; (b) withdrawn KRW 5 million on five occasions from around 15:55 to 16:00,000 on five occasions from around 15:5 of the same day while being kept for the victim; and (c) arbitrarily consumed the amount of KRW 5 million from around that time to around 16:00.
Accordingly, the defendant embezzled the victim's property.
B. On December 24, 2014, the victim H was the victim on December 10, 201.