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(영문) 대전지방법원 2018.09.13 2018고단931
전기통신금융사기피해방지및피해금환급에관한특별법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the Defendant lost a lot of money while gambling by using an illegal gambling site, and did not receive from the operators of the above illegal gambling site at the time, he reported falsely to the financial company to suspend the operation account of the illegal gambling site and request the financial company to refund the money as if he suffered from the loan fraud.

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

A. On December 29, 2014, the Defendant: (a) at the Han Bank Non-agency in Daejeon on December 29, 2014, the Defendant was not obligated to transfer money to the Defendant by means of loan fraud; (b) but voluntarily remitted money for online gambling; (c) however, the Defendant would be granting a loan upon raising the credit rating of the deposit and paying the guarantee fee.

On the other hand, an application for remedy for false damage, which states that the other party deposited KRW 8 million in the account (D) in the name of one bank account under the name of the C, but the other party locked, was locked, was prepared, and around that time, submitted to the Daejeon Western Police Station a false report and issued with the “won for verifying the fact of the accident” as a document attached thereto, thereby filing a false application for remedy with the financial company.

B. On October 29, 2015, the Defendant: (a) prepared an application for remedy of damage with the false statement that “The Defendant, on October 29, 2015, deposited a sum of KRW 10 million on the account of one bank account (F) in the name of “HK Capital and received money by deception” in the name of “E” and received a false report at that time, despite the fact that: (b) the Defendant voluntarily remitted money to the Internet gambling; (c) however, (d) “A bank account in the name of “HK Capital” in the name of “E” in the name of “E”; and (d) received a false statement on October 27, 2015 that “A bank account of KRW 10 million,000,000,000,000 won.”

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