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(영문) 의정부지방법원 2021.02.18 2020고정1584

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant filed an application for the return of goods ordered and delivered in online shopping mall with the victim B corporation, before confirming whether the goods subject to return were actually returned to the victim in accordance with the victim’s return and refund policy, the Defendant attempted to obtain the said goods by means of the victim’s immediate refund payment immediately after the victim’s receipt of the goods subject to return was deposited in the Defendant’s account or the settlement payment was cancelled in the case of credit card settlement, using the fact that the payment was cancelled. After receiving the order from the victim and receiving the delivery of the goods, the Defendant intended to receive the said goods by packing the goods as if the goods were ordinarily contained in all or part of the goods and receiving the payment for the goods from the damaged person.

On April 27, 2018, the Defendant issued an order to “LG Electronic Fururl 360 air conditioners, AS281DW (1 unit 886,740 won),” as if he/she would connect the B website to Ad (E) in the name of the Defendant and would normally pay the price of goods, and received the order. On May 3, 2018, 2018, upon receipt of a refund request, the Defendant received a total of 36 days from around 01:52 to December 20, 2018, and then received the order from the victim’s delivery staff to withdraw the boxes as if he/she were in receipt of the refund, and then received the order from the victim’s delivery staff to the victim’s delivery staff at around 06:36 days from April 27, 2018 to December 20, 2018.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. The application of Acts and subordinate statutes to reporting the progress of photographs of F in the police statement protocol to F (the representative of victimized company);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.