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(영문) 서울북부지방법원 2016.01.20 2015고정2717
횡령등
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall issue instructions for transactions in electronic financial transactions or transfer cash cards and their passwords or other access media to any other person, which are the means or information used to secure the authenticity and accuracy of users and the details of transactions;

Nevertheless, around 12:00 on April 28, 2015, the Defendant issued a proposal that “the sports soil company is a sports soil company, and if the head of the Tong and the check card are transferred, it shall be KRW 3 million per month.” The Defendant sent Kwikkset service articles, who sent the above name to Kwikkset service articles, using the access media of the national bank account (Account No. B) in the name of the Defendant, and sent the passbook and the check card to the non-resident, and notified the non-resident of the secret number by telephone.

Accordingly, the defendant transferred the access media to others.

2. Around April 29, 2015, the Defendant embezzled KRW 5,836,00,000 deposited in the national bank account in the name of the Defendant, linked to the physical card transferred from the automatic cash payment machine in Gangdong-gu Seoul, Gangdong-gu, Seoul, for the purpose of committing a phishing crime, from around April 29, 2015, after withdrawing KRW 1,000,000 by using the national bank check card issued by the Defendant for the victim and then arbitrarily using it until around May 3, 2015, as described in the attached list of crimes, by withdrawing cash more than 23 times or using the check card.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Detailed statement of transactions;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 49 of the Act on the Private Sector and Article 49 of the Electronic Financial Transactions Act concerning facts constituting an offense.

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