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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Basic Facts] The term “delivery agency business” refers to the business of raising profits by collecting monthly membership fees and delivery fees from a franchise store when a “delivery agency service” belonging to the so-called “ Call Center” is entrusted with delivery services from a restaurant which is a franchise store.
“A unmanned receipt allocation system” operated by C (hereinafter “C”) is a solution developed for the purpose of automation of delivery agency services as above. The program is composed of “Audio device program,” “D call center program,” “D franchise program,” and “D franchise program,” a franchise store program, which is an information and communications network. The program is mutually connected via the Internet.
If the franchise store operator deposits the money on the virtual account on the unmanned receipt dispatch system, and requests the delivery of the “D franchise program” to use the “D franchise program”, the delivery agency will receive and deliver the “Stop device program” by using the “Stop program”, and 2,800 won from the virtual account to the delivery agency, 145 won to the call center operator, and 55 won to C automatically.
Meanwhile, the call center operator has the authority to designate the refund account of a franchise store in the “D Call Center Program” and the “right to inspect the ID and password of the franchise store operator,” and the franchise store operator has the authority to enter the “D franchise store program” order into the “request for refund,” and when the “request for refund” order is entered, the deposit is automatically remitted from the virtual account to the refund account.
[Criminal facts]
1. The Defendant using computers, etc. was serving as a delivery agent for the victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) (hereinafter “victim Co., Ltd.”) from March 30, 2016 as the call center company located in Dobong-gu Seoul Metropolitan Government from around March 30, 2016.