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(영문) 서울서부지방법원 2019.05.02 2018고단3713
컴퓨터등사용사기등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of one hundred and fifty hundred thousand won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

(a) A credit card merchant which violates the Specialized Credit Financial Business Act and a credit card merchant which uses computers, etc. shall not make a transaction by credit cards, using the name of other credit card merchants, and no person shall hold any other person's credit card information detected by falsity or other illegal means, or make a transaction

The Defendant, who actually operates a credit card merchant C, was willing to receive the credit card sales price from a credit card company by entering credit card information detected by an illegal means that is unknown to another credit card merchant’s credit card settlement terminal and obtaining approval for payment (the so-called “ske-in approval method”).

On March 14, 2017, the Defendant: (a) sought in the office E Co., Ltd. (hereinafter “E”); (b) proposed that B lend a credit card settlement terminal in the name of E to C; and (c) received B’s consent; and (d) proposed that “B shall pay 5% of the sales price if the credit card settlement terminal in the name of E is leased to C” as commission; (b) it is difficult to recognize that the payment was specified as 5% of the sales price in light of records, Defendant A’s legal statement, etc.; and (c) received one credit card payment terminal in the name of E from the office of E on March 14, 2017, and received one credit card number from the victim F Co., Ltd. (hereinafter “E”); and (d) the Defendant received the credit card merchant issuance of the credit card number 10,000,0000 won from the Plaintiff’s online credit card company and 10,000,0000 won from the Plaintiff’s neighboring Seoul on March 16, 18, 2017.

3. 20. The victim;

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