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(영문) 서울중앙지방법원 2018.10.05 2018고합577
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for five years.

A strings of seized philophones (Evidence No. 3), and a strings of guns (Evidence. 3).

Reasons

Punishment of the crime

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

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 pre-approval cancellation slip to a financial institution. On the other hand, the franchise store shall not prepare and transmit the sales transfer slip and cancellation slip to a financial institution separate from the above transmission of the pre-approval slip to an automation system such as computer, etc.

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, it is electronically sent to the financial institution the pre-approval slip and the pre-approval slip as above, and then separately prepared the sales cancellation slip and the pre-sale slip as of the business day, and sent the pre-sale slip to the financial institution, and then sent the pre-sale slip to the financial institution. If the financial institution had already cancelled the sales and refunded the money to the customer’s account, it would again refund the money to the customer’s account on the ground that the pre-sale slip was sent to the customer’s account, and if the pre-sale slip was sent after several hours, then it would again withdraw the money again to the customer’s account.

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