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(영문) 제주지방법원 2019.10.10 2019고단1558

컴퓨터등사용사기

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

【Case B” (hereinafter “B”) is an overseas site that trades a kind of derivatives that forecasts the increase or decrease in the exchange rate and makes an investment in virtual currency or foreign stocks or foreign exchange rates.

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 transfer the money received from the customer’s account to the customer’s account based on the aforementioned cancellation slips to the customer’s account. On the other hand, the franchise store shall not prepare and transmit the sales transfer slip and cancellation slip to the financial institution separate from the above transmission of the pre-approval slip to an automation system such as computer.

However, in the case of the above “B”, unlike the above ordinary settlement procedure, where the customer pays the deposited money to purchase derivatives with a e-mail card and cancels the payment, the customer will electronically transmit to the financial institution the pre-approval slip and the pre-approval slip and the pre-approval slip as above, prepare the sales cancellation slip and the pre-sale slip separately after around 3-4 days from the business day, send the sales cancellation slip to the financial institution first, and then send the pre-sale slip to the financial institution several hours thereafter, the financial institution will refund money to the customer’s account on the basis of the above “B” even if the sales cancellation slip had already been cancelled and the pre-sale slip was sent to the customer’s account, and then withdraw money again on the basis of the pre-sale slip.