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(영문) 광주지방법원 순천지원 2018.08.23 2018고단1191
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Under the underlying facts B, while gambling at the Internet gambling site and forced withdrawal from money, the Defendant was damaged by the Defendant’s scambling fraud on the basis of the details of sending money if money was lost after sending money to the account used at the gambling site.

When the police station received a confirmation of the accident of this case from the police station and becomes aware of the fact that the other party's account is suspended when the financial institution receives a request for suspension of payment and damage relief from the financial institution, it did not remove money from the person who used the suspended account.

B repeatedly repeated a false report on damage under one’s own name and consequently, there is a high risk that the fact of false report might be discovered, thereby soliciting the Defendant, C, D, E, F, G, H, I, K, K, L, M, etc. to share their mutual roles by having the Defendant, C, D, F, H, H, I, K, L, and M, his relative or successor to the crime in lieu of the above false report and by threatening account users against the cancellation of the suspension of payment.

2. On February 22, 2017, the Defendant interfered with the performance of fraudulent means’s official duties: (a) received a false petition to the effect that “3.6 million won was sent from B to nine accounts under the name of non-member companies, and received a confirmation source of the fact of the instant accident by having the investigator in charge of the instant case receive a warrant through the court’s receipt of the case and tracking the suspect’s receipt of the warrant through a criminal case, etc., on February 23, 2017, 2017, including the following day, on February 23, 2017.

Accordingly, the defendant conspireds with the investigation agency B.

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