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(영문) 수원지방법원 2020.11.24 2020고단5402

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

When the Defendant files an application for the return of goods ordered and delivered in online shopping mall with the victim B corporation, prior to confirmation as to whether the goods subject to return were actually returned to the victim pursuant to the victim’s return and refund policy, the Defendant used the fact that the refund amount is deposited in the Defendant’s account immediately after the employee in charge of delivery of the victim’s goods received the goods subject to return, and then applied for the return of the said goods by packaging as if the goods were entirely loaded with the part of the goods, and received only the money from the victim.

On April 2, 2018, as the Defendant would normally pay the price for goods by linking C with B’s home page at the French site, the Defendant ordered three of the “Poio Denhh School Emping 6.2ml,” which is equivalent to the market price of KRW 5,950, and then, the Defendant received the said goods from the victim on April 3, 2018 by allowing the victim to deliver the said goods, and then received the said goods from the Gangnam-gu Seoul Metropolitan Government Dtel, Seoul to receive the refund of the price paid upon the request for return, and then received the said goods from the victim’s staff to receive the boxes from that time until April 18, 2019, as shown in the attached list of crimes, from that time to that time, the Defendant received the goods equivalent to KRW 158,397,840,00 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports (to hear and report the phone statements of police officers in charge of the Gyeonggi-nam Regional Police Agency);

1. Application of A Acts and subordinate statutes governing the list of crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The following circumstances are the reasons for sentencing the community service order, and other defendants.