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(영문) 전주지방법원 2016.08.26 2016고단933
횡령등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution, or lend such password to another person for the purpose of using the cash card or cash card which is an access medium to electronic financial transactions;

Nevertheless, on January 27, 2016, the Defendant sent to Kwikset service employees who sent 1 head and passwords, which are electronic financial media connected to the Defendant’s name bank account (E) for the purpose of manipulating the transaction performance in order to obtain loans in front of the complete-gu D Building in Seoul Special Metropolitan City.

2. On January 27, 2016, the Defendant, who embezzled, sent a check card in the name of the Defendant, because he/she would give a loan from a person who is a lending counselor on or around January 27, 2016.

In other words, after hearing the horses, sending the e-mail card of No. 1 account, the above account was used for committing the crime of “ Bosing” by referring to the e-mail, with the knowledge that the amount of fraud was deposited, and was used to withdraw it.

On January 28, 2016, the Defendant received KRW 60,000,00 from the victim F to the Defendant’s account under the name of the Defendant at the time of “Ssing” false statement from the victim F, and received KRW 12,029,50,00 in total from the victims of an unforeseen accident, as well as remittance of KRW 60,00,00 from the victim F.

Therefore, while the Defendant was in custody of KRW 365,940,00 that remains after the Defendant’s withdrawal by the Bosing Organization for the victims, the Defendant transferred KRW 22,00,000 to the Defendant’s national bank account on February 1, 2016, KRW 22,000 to the Defendant’s national bank account on February 2, 2016, KRW 22,000 to the Defendant’s national bank account on February 3, 2016, KRW 50,00 to the Defendant’s national bank account on February 3, 2016, KRW 22,00,00 to the Defendant’s national bank account on February 4, 2016, KRW 330,000 to the Defendant’s national bank account on February 4, 2016, KRW 16,016 to the Defendant’s national bank account on February 1, 2016.

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