logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.12.21 2017고단1942
전기통신금융사기피해방지및피해금환급에관한특별법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant deposited a certain amount of money into an account used in an illegal gambling site (sports discussed) and then was subject to the Defendant’s act of fraud against the website operator as the user of the above account.

At the sea, the financial institution applied for the suspension of payment to the above account, and tried to receive money from the operator of the site that contacted the defendant in return for the cancellation of the application for the suspension of payment.

On October 9, 2012, the Defendant applied for suspension of payment by telephone call center in Korea on the ground that he had transferred money to the bank account (Account Number: E) of D by suffering from the “ Bosishing” fraud at around 08:26 on October 9, 2012.

In fact, even though the Defendant was not damaged by the fraud at the time, the Defendant applied for the suspension of payment by false means to receive money from the user of the Internet gambling site, who is the user of the target account, in return for the application for cancellation of payment suspension.

Ultimately, the Defendant, as seen above, committed the fraud of “Sishing”

From that time to December 16, 2016, a false request was made for suspension of payment to financial institutions on a total of 82 occasions, such as the statement in the list of crimes in attached Form 1 from that time, including a false request for suspension of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic investigation reports (to attach data, such as information on applicants for a majority of payment suspension of the Financial Supervisory Service);

1. Reports on internal investigation (personal information of many applicants for suspension of payment and some of subjects of internal investigation);

1. Details of account transactions (five account for each suspect's payment suspension);

1. Application of Acts and subordinate statutes to investigative reports (information on financial transaction and reporting attached to the list of crimes);

1. Article 16 subparagraph 1 of Article 16 and Article 3 (1) of the Special Act on the Prevention of Damage by Means of Telecommunications and Financial Fraud and Refund of Damage from Crimes (a point of application for remedy against false damage, and a choice of imprisonment with labor);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

arrow