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(영문) 창원지방법원 2018.10.25 2018고단1191
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] On June 7, 2018, the Defendant was sentenced to a suspended sentence of two years for the crime of injury at the Changwon District Court on October 2018, and the judgment became final and conclusive on June 15, 2018.

[2] The Defendant: (a) committed a crime (the facts charged alternatively added) and the Defendant: (b) transferred money to an account used in an illegal gambling site; (c) but (d) received all money by gambling; (d) the police station suffered damage from the phishing fraud

The police station made a false report, and received a confirmation of the fact of the accident of this case from the police station to submit it to the bank, and at the same time, prepared and submitted an application for remedy for damage, and decided to suspend payment of the above gambling site account and receive a return of money.

1. On March 22, 2018, the Defendant in violation of the Punishment of Minor Offenses Act submitted a false statement to the effect that “A person who assumes the position of the staff of the Prosecutor’s Office on March 20, 2018, who transferred KRW 9.6 million to the police officer in charge of obtaining confirmation of the fact of the instant accident from the police officer in charge of obtaining knowledge of the fact of the instant accident by submitting a false statement to the effect that “A person who assumes the position of the staff of the Prosecutor’s Office on March 20, 2018, would be detained unless he/she pays the agreed amount of the case pending at the Prosecutor’s Office.”

Accordingly, the defendant reported a false crime to a public official.

2. No person who has violated the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage shall file an application for suspension of payment of the account or relief from damage to the financial company that manages the remittance or transfer of damage with the victim of a telecommunications company.

On March 22, 2018, the Defendant: (a) at the 156 Dognam-ro, Kim Jong-si, Kimhae-si, Kim Jong-si, 156 (out of Dong); and (b) notwithstanding the fact that the Defendant had not suffered property damage due to telecommunications financing fraud, the Defendant is an account in which the name of the said bank could not be known at the gambling site.

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