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(영문) 창원지방법원 마산지원 2019.01.24 2018고정348

전기통신금융사기피해방지및피해금환급에관한특별법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No one shall apply for remedy for damage caused by telecommunications-based financial fraud, such as suspension of payment of the account exploited for fraud, to a financial company that manages an account that transfers money wired by fraud or a financial company that manages the account exploited for fraud.

On April 4, 2017, in collusion with a person whose name is unknown, the Defendant used a mobile phone at a place where it is unknown at which it is impossible to know at Changwon, and the fact was not damaged by telecommunications-based financial fraud, but was voluntarily transferred money to a bank account in the name of “(Account Number: D)B” for the purpose of causing money or goods to a person related to the gambling site by suspending payment, but the Defendant applied for remedy for damage, such as false payment suspension, from around that time to April 25, 2017.

As a result, the Defendant conspired with a person who is not aware of his name and filed an application for remedy for damage caused by telecommunications-based financial fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of all Acts and subordinate statutes of evidence records;

1. Article 16 subparagraph 1 of Article 16 and Article 3 (1) of the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Loss on Crime, Article 30 of the Criminal Act;

1. Selection of individual fines for punishment;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the violation of the Special Act on Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss)

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;