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(영문) 광주지방법원 목포지원 2019.05.03 2018고단1169
전기통신금융사기피해방지및피해금환급에관한특별법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall file an application for remedy for any loss incurred by telecommunications-based financial fraud, such as payment suspension of the account exploited for fraud, with a financial company managing an account that has remitted or transferred the amount of loss incurred by telecommunications-based financial fraud or a financial company managing

1. From October 24, 2014 to August 26, 2015, the Defendant, along with the branch B, conspired with B that the “Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud” would allow a financial company managing the account that wired or transferred the amount of loss or a financial company that manages the account used for fraud to file an application for remedy for damage caused by telecommunications-based financial fraud, such as suspension of payment of the account used for fraud, with regard to the account used in the Internet illegal gambling site, to report the account used in the online illegal gambling site to a financial institution and suspend payment, and then, to have the relevant gambling site operator receive money in return for the suspension of payment against the relevant gambling site operator.

B In accordance with the above conspiracy, B confirmed and notified the Defendant of the bank account in the name of C, which is an account used at the Internet illegal gambling site, and the Defendant filed an application for remedy for damage caused by telecommunications-based financial fraud by reporting the phone call to the staff of the D Bank on October 24, 2014, although the fact is not a telecommunications-based financial fraud, even though it was not damaged by telecommunications-based financial fraud.

In addition, the Defendant’s collusion with B during that period from around August 26, 2015 to around August 26, 2015, with respect to a financial company managing an account exploited in fraud over a total of 49 times, such as set forth in the attached Table Nos. 1 to 49.

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