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(영문) 대구지방법원 2020.12.16 2020고단5559

위계공무집행방해등

Text

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

However, 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

1. The Defendant of obstruction of performance of official duties by fraud: (a) requested the payment suspension of an account used by gambling operators as a gambling account by gambling operators while gambling at an illegal gambling site; and (b) planned to return money under the condition that payment suspension of the relevant account would be cancelled if the gambling site operator contact himself/herself; and (c) provided that the gambling site operator would return money to him/her.

On the other hand, at the time of requesting the suspension of payment of the victim of telephone financial fraud, the financial institution requested the confirmation source of the accident that is issued by the police station, so the defendant was willing to report to the police station that he remitted money to a specific account due to damage to telephone financial fraud.

At around 16:40 on October 1, 2019, the Defendant visited the Daegu Northern Police Station and the intelligence team office located in the Daegu Northern District Office, and submitted a report of damage, and submitted the report, and “B lending employees C have repaid the existing loans up to 4.3% of the credit rating and lent KRW 32 million to E account in the name of the limited liability company D designated by the employee. However, the Defendant was issued confirmation sources of the instant accident after submitting a false statement that “In order to gambling, the Defendant was issued with the account transferred to the said D’s account in the name of the said D company designated by the employee.”

As such, the Defendant received a false report, and received the dividend of the instant case from the F-related G via which he/she received the instant case, and sought a request to provide communication data for the investigation of the instant case, and sought a warrant of search, seizure, and verification of financial accounts, and tracked an account, thereby tracking an unqualified suspect. As indicated in attached Table 1, the Defendant extended 14 times from March 5, 2015 to October 1, 2019, as indicated in attached Table 1.