logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.10.25 2016고단4079
사기등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 7, 2016, the Defendant purchased SamsungTV’s new products from the Defendant’s house located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Mastm 206, to the employees D, E, etc. of the victim Samsung M&M home-mick Co. (hereinafter “victim”) (hereinafter “victim”) at around February 2016.

In this regard, the term "the full refund difference due to the problem of the product" is false, and when the victim company requests the defendant to submit evidentiary data, the victim company sent a photograph of online sales slip of credit card sales to E-mail with the content of UN 50JS7200-S, total amount: 1,920,000 won to E-mail, such as card type, customer name, effective period, order number, approval number, etc. on February 2, 2016.

However, on April 2, 2016, the Defendant only purchased Samsung 50,000 Samsung 50,000 TV (production number: 1GL93BG700261T) from F on the Internet server and on the website of a foreign country at KRW 9.5,50,00,00 and did not purchase Samsung PETV as new products.

Nevertheless, the defendant attempted to receive a refund by deceiving a person in charge of the victim company in the above manner, but the victim company failed to refuse a refund on the ground that the accurate information about the purchase of the above product cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of witness G and D;

1. False receipt, receipt, and details of refund;

1. Application of Acts and subordinate statutes to investigation reports (records, transcripts, evidence lists 26);

1. Relevant legal provisions concerning criminal facts, Articles 352 and 347(1) of the Criminal Act of the choice of punishment, the choice of fines (in short of a number, the fact that it is recognized as a crime, the fact that there is no criminal record of the same kind, and the amount to be acquired by fraud is larger;

It is difficult to see)

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

1. Determination on the acquittal portion under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant’s summary of the facts charged lies in H and 301 in Mapo-gu Seoul around June 18, 2015.

arrow