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(영문) 춘천지방법원 원주지원 2020.01.30 2019고단1126
횡령등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 2, 2019, the Defendant was sentenced to imprisonment with prison labor for robbery, etc. at the credit branch of Suwon District Court on May 2, 2019, and the judgment became final and conclusive on August 23, 2019.

1. Violation of the Electronic Financial Transactions Act;

A. On December 31, 2018, at around 22:30, the Defendant: (a) received a proposal stating, “On the front of the PC in front of the PPC located in Sung-gu, Daegu, Daegu, the Defendant sent a physical card connected to the Defendant’s name C(D) account, via Kwikset Service Articles, one copy of the physical card connected to the Defendant’s name.”

Accordingly, the Defendant transferred the means of access to another person.

B. On January 31, 2019, the Defendant: (a) was on the front day of the exit-gu, Daegu East-gu, Daegu-gu, 200, and (b) on the front day of the exit-gu, 14:00,

Upon receipt of the proposal as described in the paragraph, the defendant sent a physical card connected to the company bank account (E) in the name of the defendant through Kwikset service article.

Accordingly, the Defendant transferred the means of access to another person.

2. Embezzlement;

A. On January 2, 2019, the Defendant embezzled KRW 3 million out of 2.3 million for personal purposes, such as repayment of debt, when he/she was accused of the victim F from the victim F to his/her name and transferred to C (D) account under the name of the Defendant at a non-disscising location.

B. On January 31, 2019, the Defendant: (a) was accused of the victim G from the victim G to the employee of the Defendant’s name scaming operation; (b) was placed in custody of KRW 4 million, which was remitted to the Defendant’s name bank account (H); (c) subsequently, he temporarily consumed and embezzled for personal purposes, such as repayment of debt.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G documents;

1. Details of transactions A, I, CIF, and account;

1. Each investigation report (Nos. 3, 4, 10, 11, and 12 in the list of evidence);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (verification of latter concurrent power, etc.);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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