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(영문) 제주지방법원 2020.02.14 2019고단1691
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[criminal record] On March 22, 2019, at the Jeju District Court sentenced the Defendant to two years of imprisonment for the crime of violating the Special Act on Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Loss Caused by Fraudulent Means, which became final and conclusive on August 2, 2019.

In addition to the above previous convictions, the Jeju District Court sentenced the defendant on July 12, 2019 to six months of imprisonment with prison labor for a violation of the Special Act on Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss Caused by Fraudulent Means, and the judgment became final and conclusive on July 26, 2019. On September 19, 2019, the defendant was sentenced to three months of imprisonment with prison labor for the same crime in the same court and became final and conclusive on September 27, 2019.

【Criminal Facts】

1. The Defendant (B) was charged with violating the Special Act on the Refund of Compensation for Loss Caused by Telecommunications-based Financial Fraud in Performance of Official Duties by Fraudulent Means with the District Court Decision 2019Da2865, which was sentenced to a suspended sentence of two years on November 6, 2019. The said judgment became final and conclusive on November 14, 2019.

In addition, around March 2018, a private Internet illegal gambling account was remitted money to the private Internet illegal gambling account, and then reported falsely to the police station that received the loan fraud. Around March 2018, the police station received the confirmation of the fact of the accident from the police station and applied for the suspension of payment to the bank, and then planned to receive money from the operator of the above gambling site on the condition that the payment will be rescinded.

Around 23:00 on March 28, 2018, the Defendant of the obstruction of performance of official duties by fraudulent means: (a) paid cash of KRW 3,600,000 with money to be deposited into the gambling site account from the street near the House of Government in the city of Government to B; and (b) B deposited the said money into the company bank account in the name of B; (c) on March 28, 2018, transferred KRW 200,000 to the D Bank account in the name of C (E) of a limited liability company deposit account in an unfambing site around March 29, 2018; and (d) from that time, from March 29, 2018, the Defendant transferred KRW 20,000 to the D Bank account in the name of C (E) as shown in attached Table of

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