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(영문) 수원지방법원 평택지원 2020.05.07 2019고단1742
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

From November 2016 to Nov. 201, 2018, the Defendant was a delivery employee on the Do office, a company that vicariously executes the delivery of the victim C Co., Ltd. in Pyeongtaek-si B, and the Defendant issued an order on the victim’s Internet website before the completion of the delivery, and then cancelled the order, the settlement amount is refunded, and the victim’s company can confirm the return of the ordered goods only by electronic means, and it does not confirm whether the goods were actually returned and taken place. Using the Do office, the Defendant ordered the goods by using the delivery area of the delivery employee as the delivery place, and returned only the empty boxes after cancelling the order, and actually returned the order. The Defendant received the goods, and the Defendant sold the goods at another place through the E site, and used them for selling for living expenses, etc.

On February 27, 2018, the Defendant: (a) accessed the Defendant’s “H” website using a computer at the Defendant’s residence; (b) ordered 650,250 won at the market price; (c) 1 fHD programming monitors and XL2546 (Unauthorized Points) at the level of 650,250 won at the market price; (d) around that time, the Defendant revoked the order.

However, in fact, even if the Defendant ordered the above goods, the payment is refunded only after the order was cancelled, and the empty box was returned to the injured company and the Defendant would normally return the goods to the injured company, and in fact the Defendant would have been able to receive it, so there was no intention or ability to return the goods, and there was no intention to return the goods whose order was cancelled.

As above, the Defendant, by deceiving the victim company, received the said goods from the victim company around that time, and acquired them by deception, and thereafter, acquired the goods worth KRW 23,420,050 in total from that time until May 22, 2018, including through the foregoing method, 25 times in the list of crimes in the attached Form.

Summary of Evidence

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