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(영문) 수원지방법원 여주지원 2017.11.27 2017고정300
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

Punishment of the crime

From April 16, 2017 to April 17, 2017, the Defendant saw gambling at “B”, which is an Internet illegal gambling site, from the point of view of opening, from around the week to around April 17, 2017, but the Defendant continued to pay the winning money without paying the winning money on the said website, and the Defendant was willing not to pay the winning money even if he remitted 6 million won to C’s corporate bank account (D). The Defendant was willing to report as if he had suffered a telephone financing fraud, and to apply for suspension of payment on the account of operating the said gambling site by reporting it falsely as if he had been subjected to a telephone financing fraud.

On April 17, 2017, the Defendant: (a) made a false statement to the effect that “an employee who misrepresented the public prosecutor’s office by deceiving that employee should file an accusation without paying the amount in arrears due to tax delinquency, and subsequently wired the amount of 6 million won over 28 times to transfer it to an employee of the corporate bank call center connected through 112; and (b) made a false statement to the said C bank account (D) and filed a false statement to the effect that “the payment suspension was requested; and (c) the said C bank account was used for telephone financing fraud; and (d) requested suspension of payment as if the said account was the account in the name of the said C bank account.”

In this respect, the Defendant applied for remedy for damages by falsity.

Summary of Evidence

1. Statement by the defendant in court;

1. The source to confirm the occurrence of the relevant accident (victim A), and the damage report (the relevant police station-victim A);

1. Sama;

(A) Application of Acts and subordinate statutes of paragraph (1) of this Article to a photograph of a bank

1. Article 16 subparagraph 1 of Article 16 and Article 3 (1) of the Special Act on the Prevention of Damage by Means of Telecommunications Fraud and Refund of Damage Caused by the Preparation of Relevant Acts and Subordinate Statutes concerning facts constituting an offense;

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

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

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