특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for five years.
Seized evidence as referred to in subparagraphs 29 through 33, 125 and 126 shall be confiscated.
Punishment of the crime
On April 2010, the Defendant: (a) while operating a company related to the SOS “B” (POS); (b) performed repair work with a medium device, paid by a credit card; and (c) came to know a method of avoiding payment by arbitrarily cancelling the approval; (d) abused this, the Defendant purchased the product with a credit card of the Defendant at the victim C Burial Co., Ltd., the Defendant purchased the product of ordinary Seodaemun-type with a credit card; and (e) revoked the approval for the settlement; and (e) sold the product through the Internet D website, etc., used it for living expenses, entertainment expenses, etc.
On April 21, 2010, around 16:40 on April 21, 2010, the Defendant, at the above victim C store located on the first floor of Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, settled the sales price by F card (G) in the name of the Defendant, as if the sales price was paid in a normal manner by purchasing text products of 5,050 won.
However, as above, the Defendant was in receipt of the text-based products from the above employee in the name of the Defendant and settled the payment with the Defendant’s credit card, and subsequently, intended to avoid the payment of the credit card payment by abusing the vulnerability of the credit card terminal payment system by using the Defendant’s Nowon-North Korea, the card store, and the credit card payment information, etc., and did not have the intent or ability to pay the victim the price of the said text-based products normally.
After that, the Defendant, at around 18:30 days on the same day, entered credit card terminal numbers, Ban (VN), business operators, approval number, and amount of cancellation of payment installed in the above store in the program of “an open-to-door” installed in the Defendant’s Nowon-North Korea, and exempted the payment of credit card payment by allowing the revocation of approval in an abnormal manner by recognizing the above F card in the card market attached to the above Nowon-North Korea.
In this respect, the Defendant is as above.