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(영문) 제주지방법원 2017.09.14 2017고단1243
횡령등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 21, 2016, the Defendant in violation of the Electronic Financial Transactions Act (hereinafter “Electronic Financial Transactions Act”) provides loans to the Defendant who sent a e-mail card to verify the credit rating.

“In receipt of the proposal,” and accepted it on the 22th day of the same month, at the Dong-dong Hong-dong, Hong-dong branch, Dong-dong, Hong-dong, the Defendant sent the e-mail card to the Dong-dong Gyeongwon Logistics Center designated by the above person in the name in the name in the name in the name in the name in the name of the defendant, using the one copy of the e-mail, and the above e-mail card’s password was sent to the above person in the name in the name in the name in the phone.

Accordingly, the defendant assigned a physical card and password, which is an access medium, to a nameless person.

2. The embezzlement, as described in paragraph (1), was committed by the Defendant by fraud of a nameless person who was transferred a physical card from the Defendant, and on the 24th day of the same month, C kept the above money in custody of 6.4 million won out of the above money to the above bank account under the Defendant’s name on the 24th day of the same month. On the 15:32 day of the same day, the Defendant transferred 3 million won out of the above money to the company bank account under the Defendant’s name, and consumed it for personal use at that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written petition;

1. Application of Acts and subordinate statutes to a statement of account transactions and a statement of account transactions in the name of Korean bank;

1. Article 355 (1) of the Criminal Act (the point of embezzlement) for the crime, Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act (the point of transfer of access media) of the same Act;

1. Selection of each alternative fine for punishment;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all of the various sentencing conditions shown in the argument of the instant case, and in particular, the circumstances favorable to take into account the following circumstances into account: there is no history of being subject to criminal punishment for the same kind of crime.

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