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(영문) 제주지방법원 2018.11.28 2017고단3172 (1)
위계공무집행방해등
Text

[Defendant A and B] Defendants shall be punished by imprisonment with prison labor for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. The Defendants, based on the facts and the public offering, caused the damage of the phishing fraud by sending money to D when they lose money after sending money to the account used on the gambling site.

A false report, the police issued a false confirmation of the fact of the accident of this case to the financial institution, suspended payment of the gambling site account by means of making a request for relief from false payment suspension and damage, and received a proposal to receive money from the operator of the gambling site in return for the suspension of payment.

Accordingly, D, as seen above, has overall control over the whole process, including selecting gambling sites to suspend the account and remitting the money to the account in use, and the Defendants conspired to commit the crime by sharing their roles by making the aforementioned false report of damage, suspension of payment, and relief from damage.

2. Defendant A

A. The Defendant interfered with the performance of a deceptive scheme’s official duties in collusion with D to the effect that, on March 2, 2017, in spite of the fact that there was no fact of causing damage to the true telephone financing fraud, the Defendant interfered with the legitimate investigation of investigators by using deceptive means by submitting a petition stating the telephone number of false loan counseling and submitting the details of the transaction to the police officer in charge of obtaining a report on damage by remitting KRW 8 million in total to eight accounts under the pretext of loan fees to a person who assumes the person who assumes the responsibility of the lending company, regardless of the fact that he/she did not incur damage to the true telephone financing fraud.

(b) Any person who violates the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage Money shall be a financial company managing the remittance or transfer of the amount of damage or a financial company managing the account exploited for fraud.

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