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(영문) 대구지방법원서부지원 2020.12.23 2020고단2505
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in possession of two physical cards, such as one (number non) card connected to B’s name CF account (D) and one (G) card connected to B’s name E Bank account (F).

1. Unless otherwise specifically provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall lend a means of access while requesting or promising to provide or receive any compensation;

On March 29, 2020, the Defendant, who reported and contacted the letters of loan advertising around March 29, 2020, intended to provide loans from the name unsatisfies to KRW 30 million to KRW 50 million. However, the credit rating should be enhanced because of low credit rating. When sending the e-mail card, the Defendant was promised to provide loans to enhance the credit rating by creating the details of transactions of deposit and withdrawal. On March 30, 2020, the Defendant puts a paper card in front of the Daegu-gu H apartment, Daegu-gu, and B, and the paper card in front of the name unsatfies, and the paper card in the name unsatfies and the paper card in the name unsatfies.

Accordingly, the defendant committed an act of lending a means of access, promising to receive an intangible expected profit for future loans.

2. On March 30, 2020, around 18:18:18, the victim I deposited KRW 10,000,000 to the CUnion account in the above B’s name as the repayment of the loan to the person who is not the deceased.

At around 19:16 on the same day, the Defendant knew that he had no authority to confirm the fact that he had entered the above account and to dispose of the money, and used 2,315,000 won out of the said money for personal use in mind.

Accordingly, the defendant embezzled the victim's property.

3. On April 2020, the Defendant received a call from a police officer to the effect that “I am under investigation due to a suspicion of violating the Electronic Financial Transactions Act” from the Seocho-gu H apartment located in the Seocho-gu, Daegu Police Officer, and that “I am under investigation” was called “I am under investigation due to a suspicion of violating the Electronic Financial Transactions Act, and I am snish and knish card.”

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