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(영문) 수원지방법원 안양지원 2019.09.27 2019고정294
전기통신금융사기피해금환급에관한특별법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No financial company or financial company that manages an account of remittance or transfer of the amount of loss shall apply for remedy for damage caused by telecommunications-based financial fraud, such as payment suspension of the account of fraud use by fraud.

On July 4, 2018, the Defendant listened to the false statement to the effect that “I wish to meet the conditions” from the needy person at his/her own residence in the building B and C, and remitted the sum of KRW 650,000 to the E Bank Account (F) in the name of D around 00:38 of the same day and around 00:48 of the same day.

After being aware of the fact that the Defendant was damaged by conditional fraud, the Defendant had been aware of the fact that he had been damaged by loan fraud rather than conditional fraud, and had been accused of having applied for remedy for damage caused by telecommunications-based financial fraud.

Therefore, at around 16:01 on July 5, 2018, the Defendant drafted a “application for remedy for damage caused by telecommunications-based financial fraud,” which was kept in the E Bank Dong branch located in Yangcheon-gu Seoul Metropolitan Government, and submitted to the E Bank employees of the above E Bank, a false application for remedy for damage caused by telecommunications-based financial fraud, including payment suspension, stating, “The Defendant demanded more money as if the contact was able to obtain a loan, and if the contact was made to ask for the transfer of money, the contact would have been able to obtain a loan, making it possible to do so and making it impossible to do so.”

Summary of Evidence

1. Partial statement of the defendant;

1. A written complaint and a written statement by I and J;

1. A warrant for search, seizure and verification;

1. A detailed statement of a warrant of search, seizure and inspection;

1. Confirmation of a victim's statement related to damage to South Korea under the terms and conditions of the D account, and a statement of additional victims related to the D account;

1. Report on investigation (report on the result of execution of a warrant for search, seizure and inspection);

1. The evidence adopted for the investigation report (alternative digital siren request) and the following circumstances acknowledged therefrom, namely, there was a fraudulent damage by using the instant account at the time of the instant crime, but the petitioner K, I, J, L, M, N,O, P, etc.

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