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(영문) 서울동부지방법원 2020.07.24 2020고정325
전기통신금융사기피해방지및피해금환급에관한특별법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall file an application for remedy for any loss incurred by telecommunications-based financial fraud, such as suspension of payment of the account exploited for fraud, with a financial company managing the account that has remitted or transferred the amount of loss by fraud or a financial company managing the account exploited for fraud.

Although the Defendant did not have suffered property damage due to telecommunications-based financial fraud, on June 22, 2016, the Defendant made a false application for remedy for damage by making phone call to D with counseling staff members of the Association, in Gangnam-gu Seoul, and by making a false statement to the effect that “on June 22, 2016, the Defendant sent 50,000 won to the EF account in the name of the bank holding company, around 21:26, 2016.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence 1), attachment (transaction details), attachment (Recording) and attachment (record);

1. Article 16 subparagraph 1 of Article 16 and Article 3 (1) of the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Amount of Loss on Crime, the Selection of Fines and Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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