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(영문) 제주지방법원 2019.05.17 2018고단2366
전기통신금융사기피해방지및피해금환급에관한특별법위반
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No one shall file an application for remedy for any loss incurred by telecommunications-based financial fraud, such as suspension of payment of the account exploited for fraud, with a financial company managing the account that has remitted the amount of loss by transfer because the victim is not a victim of telecommunications-based financial fraud

The Defendant and B (E and C) deposited 7 million won into a bank account at the time to charge the gambling site gambling, and then falsely reported and submitted the fact of the instant accident to each bank and submitted it to the police station. At the same time, the Defendant and B (E and C) collected money from the account manager to suspend payment of money and to cancel payment suspension.

Accordingly, around December 27, 2017, B made a false application to the effect that “Around December 27, 2017, the Defendant sent KRW 7 million to F E bank account (G) 500,000 won, and the Defendant deposited 14 accounts, such as gambling sites, which B opened with B’s prior instructions, and received a report of fraud from the Seoul Yongsan Police Station on the same day. On the same day, the Seoul Yongsan Police Station received the confirmation of the incident from the Seoul Yongsan Police Station, and around December 28, 2017, the E Bank Gangnam Branch in Gangnam-gu Seoul Metropolitan Government D was issued with a loan fraud and transferred KRW 50,000,000 to F bank account (G).” In addition, the Defendant received an application for remedy for damages from F bank account (G) by submitting a false application to the effect that “Around December 27, 2017, 500,0000 won was not deposited from F bank account (G).” From that time to December 29, 14,2017.

Accordingly, the Defendant conspired with B to apply for remedy for damage caused by telecommunications-based financial fraud.

Summary of Evidence

1. The defendant shall make an objection.

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