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(영문) 서울중앙지방법원 2020.05.25 2020고단1667

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment] In a case where the Defendant filed an application for the return of goods ordered and delivered in online shopping mall of the victim B corporation, prior to confirmation as to whether the goods to be returned were actually returned to the victim pursuant to the victim’s return and refund policy, the Defendant applied for the return of the said goods by packaging the goods to the victim as if the goods were contained in the above goods and received delivery, using the fact that the refund amount was immediately deposited in the Defendant’s account before the victim’s receipt of the goods subject to return and refund policy.

【Criminal Facts】

피고인은 2018. 5. 18.경 서울 관악구 C건물, D호 소재 주거지에서, 피고인이 피해자로부터 구매한 시가 9,530원 상당의 ‘[더블하트] 신모유실감 젖꼭지 L 2PCS(6개월 이상)’의 물품을 수령한 뒤 반품을 신청하면서, 마치 위 물품이 있는 것처럼 가장하여 포장한 후 피해자의 배송 담당 직원에게 건네주었다.

However, the defendant, after purchasing the above goods, filed an application for return and received the refund of the price for the goods, was the purpose of acquiring and using the said goods without actually returning to the victim.

As above, the Defendant, as well as by deceiving the victim, received goods ordered as above from the victim around that time. From that time until April 18, 2019, by deceiving the victim by the same method, and received each of the goods worth KRW 22,602,430, total sum of 525 times, as shown in the separate list of crimes, as shown in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Request for case;

1. The CD;

1. Application of Acts and subordinate statutes to a report on investigation (revision of a list of crimes);

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (generally, the choice of imprisonment with prison labor).