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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2024Do6831 Decided October 25, 2024 【Violation of the Special Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss; Fraud; Violation of the Financial Investment Services and Capital Markets Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Meaning of “feigning the supply of goods or services, etc.” excluded from telecommunications-based financial fraud according to the former part of the proviso to Article 2 Subparag. 2 of the former Special Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss (held: where there is a reciprocal relationship between the “supply of goods or the provision of services, etc.” which becomes the purpose of the act and the economic benefit) [2] Whether “feigning the provision, arrangement, and brokerage of loans” stipulated in the latter part of the proviso to Article 2 Subparag. 2 of the former Special Act on the Prevention of Loss Caused by Telecommunications-Based Financial Fraud and Refund for Loss corresponds to telecommunications-based financial fraud as referred to in the main text of Article 2 Subparag. 2 of the same Act regardless of the existence of a reciprocal relationship (affirmative) | |
