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(영문) 서울중앙지방법원 2015.10.21 2015고단4540
공갈등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Attached list seized by Seoul Central District Prosecutors' Office 2015Mo2806.

Reasons

Punishment of the crime

When the Defendant lost money while gambling at an online gambling site, the Defendant falsely reported to an investigation agency that he/she had been subject to fraud or fraud of the Act on the Registration of “Gamining” against the nominal owner of the account used at the said gambling site, which he/she remitted the amount of betting amount, and attempted to keep the agreed amount by threatening the account opener when filing an application for remedy for damages with the relevant financial institution.

1. On June 16, 2014, the Defendant, at the Seocho-gu Seocho-gu Seocho Police Station Office, Seocho-gu Seoul High Police Station, prepared and submitted a written petition to the effect that “The name holder, etc. of the account was punished because he was subject to fraud by the mining manual.”

However, in fact, the defendant did not receive fraud by minmination, but did not receive money in the Internet illegal gambling site, and when he lost money in return, the defendant submitted a false petition to the police station in order to receive a return of the lost money from the account owner.

Nevertheless, at the Seocho Police Station investigation and the Cyber Team office of the same day, the Defendant falsely reported that he/she was subject to loan fraud or mination on a total of 11 occasions from July 26, 2013 to April 13, 2015, such as making a false statement to the Superintendent C with the same purport as the above written petition, at the police station investigation and the Cyber Team office.

Accordingly, the defendant reported false facts to the account owner for the purpose of having the account owner receive criminal punishment.

2. No person who has violated the Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud shall file an application for remedy of loss caused by telecommunications-based financial fraud, such as suspension of payment of the relevant account with a financial company managing an account that

Nevertheless, the defendant has suffered telecommunications-based financial fraud.

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