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(영문) 서울중앙지방법원 2021.01.13 2019고단8609
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was aware that the settlement amount is immediately refunded when the order is revoked immediately after the order is issued in the online shopping mall of the victim B corporation, but it does not properly manage whether or not the goods are recovered, and used it, thereby attempting to defraud the delivery product by pretending to the text and settlement of the goods.

On December 12, 2018, the Defendant issued an order to return goods at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government (Seoul) around December 12, 2018, and even if the Defendant did not intend to pay the price, the Defendant acquired the said goods by means of returning the goods to an empty box less the goods received immediately after filing an application for return, and by taking account of the total amount of KRW 235,360 through 113 times, as shown in the attached list of crimes in the attached Table, even if he/she did not intend to do so.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of the police statement made to D;

1. Request for case;

1. Application of Acts and subordinate statutes in the list of entire orders A;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed a crime by abusing the system of preferential refund of Internet shopping malls for about six months, and the defendant continued to commit a crime by joining another account even though the account was frequently suspended several times due to frequent return. The nature of the crime is very poor.

Until now, data that has been submitted to recover damage or endeavored to recover damage has not been submitted.

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