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(영문) 서울중앙지방법원 2015.07.23 2015고정123
전자상거래등에서의소비자보호에관한법률위반
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Facts of the premise

1. The Defendants’ status is that Defendant A operates F Co., Ltd., the intermediate distributors of household appliances; Defendant B operates G Co., Ltd., the intermediate distributors of household appliances; Defendant C operates H Co., Ltd., the intermediate distributors of household appliances; and Defendant D operates I, the intermediate distributors of household appliances.

2. The Internet shopping mall’s “credit card claimant” and the suspect’s criminal conduct details and Internet shopping mall are associated with a credit card company and held the “credit card claimant’s right to request the card” event on the amount of two to four days each month. If a buyer purchases a product with a discount application card during the above period, he/she is discounted from the credit card company on the date of settlement of the card payment amount.

After registering as a collaborative company in the Internet shopping mall, the Defendants decided to designate the virtual product for mutual settlement of accounts after designating the virtual product for the period of “the credit card requester” and by ordering the said product to pay the price with a discount application card as the amount to be settled between the company and the company during the “the credit card requester” period.

For this purpose, the Defendants: (a) placed an advertisement as if they sold home appliances for settlement of price to the Internet shopping mall during the period of “credit card claimant’s request”; and (b) placed an order payment as if they actually purchased the said products; (c) entered processed personal information in the “information on the place of order/delivery” and entered false information as if they delivered the products to the processing person; and (d) prevented the Defendants from paying the amount equivalent to the “credit card claim amount” from the credit card settlement amount.

Criminal facts

1. Defendant A operated the JJ Co., Ltd., a distributor of household appliances outside the F Co., Ltd., and Defendant A’s household appliances between J and F.

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