(영문) 서울중앙지방법원 2020.02.18 2019고단8611

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(영문) 서울중앙지방법원 2020.02.18 2019고단8611

사기

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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Attachment] In the event that the Defendant filed an application for return of goods ordered and delivered in online shopping mall of the victim B corporation, prior to confirmation as to whether the goods subject to return were actually returned to the victim company in accordance with the victim company’s return and refund policy, the Defendant: (a) used the fact that the amount of refund immediately after the employee in charge of delivery of the victim company received the goods subject to return in packaging is deposited into the defendant’s account; (b) applied for return by packaging the goods as if the goods were delivered after receiving the orders and delivery; and (c) received the amount of refund from the victim company and received the amount of refund from the victim company.

【Criminal Facts】

On April 19, 2018, the Defendant, at the Defendant’s residence in Gangnam-gu Seoul Metropolitan Government C Apartment and D, sealed the delivery as if he applied for the return of goods after deducting the goods of “carcarfrens clocks” at the market price equivalent to 10,030 won that the Defendant purchased from the victim company, and then released the delivery to the employee in charge of delivery of the victim company.

However, even if the defendant received a refund from the victim company, he did not have the intention or ability to return the purchased goods normally.

As above, the Defendant deceiving the victim company and received KRW 10,30 from the victim company as the price for refund on the same day. From around that time to January 21, 2019, by deceiving the victim company in the same way in the same manner in the above residence from around that time, and received KRW 26,634,410, total amount from the victim company as the price for refund for total 956 goods, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. To apply one of the statutes applicable to data to be submitted by the victim, investigation reports (Adjustment of the details of the order) and X-cell files;

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