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(영문) 부산지방법원 서부지원 2017.09.06 2017고단720
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

1. The defendant

A. Of the judgment No. 1-A, 4 months of imprisonment with prison labor for the crimes listed in the annexed Table No. 1-1 to 7.

Reasons

Punishment of the crime

[criminal history] On December 19, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court Branch Branch of the Changwon District Court on December 19, 201, and on August 27, 2014, the same court was sentenced to a suspended sentence of two years for imprisonment for a crime of violating the Road Traffic Act (drinking driving) and confirmed on September 4, 2014.

[2] The Defendant: (a) deposited a certain amount of money in an account used at an illegal gambling site (sports soil); (b) and (c) obtained a prompt term “loan” fraud against an operator of the website as the user of the above account; (b) the Defendant deposited a certain amount of money in the account used at the illegal gambling site (sports soil)

After falsely reporting to the investigation agency or requesting the payment suspension of the above account to the relevant financial institution, the agency had attempted to receive money from the website operators who contacted the defendant in return for the cancellation of the application for the payment suspension.

1. Violation of a special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage;

(a) No financial company that manages the remittance or transfer of the amount of damage caused by a false crime committed by a defendant or a financial company that manages the account exploited for fraud shall file an application for remedy for damage caused by a financial company, such as suspension of payment of the account exploited for fraud;

Nevertheless, on August 8, 2014, the Defendant applied for suspension of payment to a person in charge of a national bank on the ground that he/she transferred the money to the national bank account (Account Number D) in the name of C by suffering a “loan” fraud.

Therefore, even if the Defendant did not receive “loan” fraud at the time, the Defendant applied for suspension of payment by false means to receive money from the user of the Internet gambling site, the user of the target account, in return for the application for cancellation of suspension of payment.

Ultimately, the Defendant got a “loan” fraud as above.

A false application for suspension of payment has been filed and attached from that time to April 28, 2015.

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