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(영문) 제주지방법원 2012.11.28 2012고단1114
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2010, the Defendant entered the Internet shopping mall Co., Ltd. 24 (www.istle.com) and ordered cosmetics on the basis of a credit card in the name of the Defendant through the settlement window of the Korea Communications Agency for Settlement of the Victims Co., Ltd., which ordered cosmetics to be delivered normally even after the order was revoked, and instead received goods without paying the price for goods in the same way.

On January 20, 201, the Defendant issued an order with access to the Defendant’s house located in Jeju-si B, and settled KRW 51,000 with a new card under the Defendant’s name through the victim’s settlement window, and then immediately revoked the order, but the fact of revocation of order due to the victim’s system computer failure was not delivered to the said 24th day, and received a letter of intent in accordance with normal purchase and settlement procedures.

However, in fact, the Defendant was aware of the fact of revoking the order due to such computer error that the goods ordered may be delivered because it was not delivered to Lone Star 24 on the said day, and there was no intention to pay the price for the goods.

As such, the Defendant, by deceiving the victim as such, had the victim pay 51,000 won as the price for goods on the 24th day of the said day by subrogation, obtained a pecuniary profit equivalent to the said amount from the above date and time to the same year.

8. From the date of March 31, by means of the same method as indicated in the annexed list of crimes, the sum of 26,309,930 won was paid by subrogation over a total of 574 times in the same manner as indicated in the annexed list of crimes, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Settlement and delivery details, mail contents, investigation report (specific amount of damage and confirmation of amount of damage repayment);

1. Application of Acts and subordinate statutes to a copy of disability report, substitute list, disbursement resolution, and transfer confirmation;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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