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(영문) 대구지방법원 서부지원 2014.10.22 2014고정917
전기통신금융사기피해금환급에관한특별법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Around March 16, 2014, the Defendant was unable to receive an item, which was promised to receive KRW 100,000,000,00 from the Agricultural Cooperative Account under the name of the Defendant, to purchase an item, from the Enterprise Bank Account (C) and the National Bank Account (E) in the name of the Defendant, and the fact was, although the money was transferred for the purpose of item transaction as above, the Defendant wired the money for the purpose of item transaction. However, on March 18, 2014, at the Daegu Pacific Police Station box around March 18, 2014, the Defendant sent KRW 10,000 to each of the accounts under the name of B and D,” by filing a false report to the effect that “the Defendant was issued with the identification source of the instant accident,” and then the Defendant issued a false application for remedy for damages and suspension of payment at the Seodong-gu Busan Branch in the name of Seogu 255 on March 19, 2014.

An application for remedy for damages and suspension of payment for false details at a monthly Dong branch of a national bank located in Daegu-ro 16, Daegu-ro, Daegu-ro on the same day by submitting a statement of request to the company bank account in B that is suspended from payment.

The national bank account in the name of D was suspended from payment by submitting a written request.

Therefore, even if the defendant is not the victim of telecommunications-based financial fraud, the defendant applied for the remedy of the damage caused by telecommunications-based financial fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. A report on occurrence (phishing fraud);

1. Application of Acts and subordinate statutes to report internal investigation (verification of whether a petition for verifying the occurrence of an accident is issued to a reporter), report internal investigation (a confirmation and accompanying documents of a financial institution that has requested the suspension of payment by the victim), investigation report (a document of monthly reference points in a national bank)

1. Article 16 subparagraph 1 of Article 16 and Article 3 (1) of the Special Act on the Refund of Amount of Loss Caused by Telecommunications-based Financial Fraud concerning Crime and the Selection of Punishment;

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

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

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