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(영문) 수원지방법원 성남지원 2018.11.29 2018고단2201
횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 20, 2015, the Defendant was sentenced to two years of imprisonment for an indecent act by force at the Busan District Court, and the judgment became final and conclusive on February 15, 2016, and completed the execution of the sentence at Busan Correctional Institution on September 1, 2016.

1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer or acquire any access medium;

Nevertheless, around April 5, 2018, the Defendant received 2 million won in return for the transfer of access media to a name-free person operating an Internet C site that he/she became aware of through B’s site search from the Sungnam Integrated Bus Terminal, Sungnam-gu, Sungnam-si, 925 Do, 16, and then delivered a physical check card connected to D bank account (E) in the name of the Defendant.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

2. The Defendant: (a) based on the fact that illegal money was deposited into the D bank account transferred as referred to in the preceding paragraph, the Defendant: (b) released money deposited into the said account by a number of victims belonging to the Bosing Organization; and (c) received money for personal use, such as living expenses.

On April 7, 2018, at G convenience stores located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, through the Defendant’s deposit of money from the said D bank account through the Defendant’s disclosure service, and the Defendant embezzled KRW 14,762,100 in total six times from that time to April 9, 2018, after cash card connected to the said D bank account to the Defendant’s corporate bank account (I) was transferred from the cash withdrawal machine installed in that country to the Defendant’s corporate bank account (I) with the cash withdrawal card connected to the said D bank account and then voluntarily consumed for living expenses, etc.

Summary of Evidence

1. The defendant's person;

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