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(영문) 인천지방법원 2020.08.27 2019고단9390
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

When the Defendant filed an application for return of goods ordered by the Victim B, a e-commerce company, the Defendant: (a) delivered a stack box containing the goods to be returned to the e-commerce company; (b) at the same time, the previous settlement amount is refunded first; and (c) falsely returned and processed the goods by using it with the knowledge that it is not properly checked whether the goods were actually recovered; and (d) obtained the said goods by deceiving the said goods by receiving the price of the goods

On April 15, 2018, at around 17:30 on April 15, 2018, the Defendant applied for the return of the goods concerned after settling KRW 1,600,000 when ordering the goods of “prophonex machine” at the victim’s Internet shopping mall site B, which is the victim’s Internet shopping mall site, at the victim’s Internet shopping mall site in Gyeyang-gu Incheon Metropolitan City’s residence.

However, in fact, the defendant ordered the above goods and settled once, but the defendant applied for the immediate return of the goods and received only the amount of the settlement and did not return the goods.

Accordingly, the Defendant filed an application for return as above, and received the return of KRW 1,60,00 from a door-to-door engineer at that time and received the refund immediately, but failed to return the said goods to the victim, from that time, notwithstanding having received the refund of KRW 1,60,00,00. From November 6, 2018, the Defendant abused the so-called “pre-paid refund system” to abuse the victim’s “pre-paid refund system” until November 6, 2018, by deceiving the victim, and acquired the property worth KRW 26,543,350 in total over 22

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the police protocol, goods omitted in the order, and output Acts and subordinate statutes to the F;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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