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(영문) 서울중앙지방법원 2019.01.24 2018고단5118

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in this case, the facts charged of violation of the Narcotics Control Act are acquitted.

Reasons

Punishment of the crime

“B” (hereinafter referred to as “B”) is an overseas site that trades kind of derivatives that forecasts the increase or decrease in virtual currency, overseas stocks, or exchange rates and invests therein.

In general, if a customer purchases goods, etc. from a franchise store and makes payments by using a e-mail card, the franchise store shall transmit the approval transfer slip to a financial institution. A financial institution shall transfer from the account of a customer equivalent to the approved amount to a financial institution. If the customer cancels the above payment, the franchise store shall transmit the pre-approval slip to a financial institution and then a financial institution shall refund money received from the customer’s account to the customer’s account again. On the other hand, the franchise store shall not prepare and transmit the sales transfer slip and the cancellation slip separately from the transfer of the approval and cancellation slip to an automation system, such as computer, to a financial institution.

However, in the case of the above “B”, unlike the ordinary settlement procedure as seen above, where the customer pays the deposited money to purchase derivatives and cancels it, it is electronically sent to the financial institution with the check prior to approval and the check prior to cancellation of approval, and then separately prepared the sales prior to cancellation slip and the check prior to cancellation of sales as of the business day, sent it to the financial institution, and then sent the sales prior to several hours thereafter to the financial institution, the financial institution shall refund money to the customer’s account on the basis of the above “B” even if the sales had already been cancelled and the statement prior to cancellation was sent to the customer’s account, and then the transaction again takes place by means of withdrawal of money refund to the customer’s account on the basis of the fact that the sales prior notice was sent after several hours.