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(영문) 서울중앙지방법원 2020.02.20 2018고단4136
컴퓨터등사용사기방조등
Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by imprisonment for one year.

However, the defendants are the defendants.

Reasons

Punishment of the crime

【D” (hereinafter “D”) is an overseas site that trades a kind of derivatives that is invested by forecasting the increase or decrease in the exchange rate or foreign stocks or foreign stocks.

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 “D”, 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 send the pre-sale slip to the financial institution after several hours from then, if the financial institution forwards the pre-sale slip to the customer’s account, the financial institution will refund money again to the customer’s account on the ground that the pre-sale slip was sent, and then withdraw money again on the ground that the pre-sale slip was sent after several hours.

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