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(영문) 의정부지방법원 고양지원 2020.02.12 2019고단1082
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Case B” (hereinafter “B”) is an overseas site that trades a kind of derivatives investment by forecasting the increase or decrease in the exchange rate and predicting the increase or decrease in the 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 sales slips to a financial institution, and the financial institution shall transfer the amount equivalent to the approved amount from the customer's account to a financial institution. If the customer cancels the above payment, the franchise store shall electronically transmit the sales cancellation slip to the financial institution, and the financial institution shall transfer the amount transferred from the customer's account to the customer's account based on the above sales cancellation slip to the financial institution. On the other hand, the franchise store shall not prepare and transmit sales slips and sales cancellation slip separately from the transmission of the sales slip and sales cancellation slip to the financial institution by a computer or other automated system.

However, in the case of the above "B", unlike the above ordinary settlement procedure, when the customer makes and cancels the sales slips and sales cancellation slips in order to purchase derivatives, the customer makes electronic data-based sales slips and sales cancellation slips in financial institutions, and separately prepares sales slips and sales cancellation slips after about 3 to 4 days from the business day, and then send them to financial institutions after several hours from then, the financial institutions will refund the money to the customer's account based on the sales cancellation slip sent again from the above "B" even though the sales cancellation slips had already been cancelled and the money was refunded to the customer's account, and then withdraw money again from the customer's account based on the sales cancellation slip sent again after several hours.

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