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(영문) 부산지방법원 서부지원 2017.08.09 2017고단548
전기통신금융사기피해방지및피해금환급에관한특별법위반등
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A defendant shall be punished by imprisonment for one year and a fine of 600,000 won.

If the defendant does not pay the above fine, 100.

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 “loan” fraud against the website operator as the user of the above account.

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. No financial company or financial company that manages an account that has remitted or transferred money from a violation of the Special Act on the Prevention of Damage from Telecommunications Financial Fraud and the Refund of Damage shall file an application for remedy for damage caused by telecommunications companies, such as suspension of payment of the account exploited for fraud, with respect to such financial company or financial company that manages the account exploited for fraud

Nevertheless, on May 5, 2015, the Defendant applied for suspension of payment to a person in charge of corporate bank on the ground that he/she transferred money to a corporate bank account (Account Number D) in the name of C, resulting in a “loan” fraud.

The fact was that 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 to revoke suspension of payment, even though it was not a “loan” fraud at the time.

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

In addition to filing a false application for suspension of payment, from such time to November 24, 2016, the financial institution filed a false application for relief from damage to the telecommunications instruments on a total of 109 occasions, such as the list of crimes in attached Form 1 (1).

2. On November 10, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) the Jeju Western Police Station located in the 215 Group of the Doi-Eup, Cheong-do; and (b) the police officer in charge of name in the name in order to lend money to the Kakaox; and (c) the Defendant borrowed money to the police officer in charge of name in charge.

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