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【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: cases 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)
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