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(영문) 서울남부지방법원 2019.02.28 2018고단5729
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates an online shopping mall in the name of “H” at the G office in the Defendant’s operation of the Guro-gu Seoul Metropolitan Government E-building F from November 17, 2015 to August 2018.

From November 17, 2015, the Defendant: (a) posted a letter stating that “H” online shopping mall site was opened; and (b) received a request for purchase of goods, such as sports and galivation, from customers visiting the site through overseas delivery; (c) received the price through account transfer, mobile phone small payment, card settlement, virtual account settlement, and settlement through PAYCO from customers visiting the site; and (d) received a request for purchase of the goods from the Defendant as requested by the Defendant according to the business cooperation with the Defendant; and (e) received the money from the Defendant upon receipt of a request for purchase of the goods from the Defendant; and (e) received the money from the Defendant upon receipt of a request for purchase of the ordered goods from the clients of the Internet shopping mall business, which is the transaction partner of the Internet shopping mall business that purchases and delivers the ordered goods to the customer; and (e) operated the Internet shopping mall by delivering the ordered goods to the customer through I.

On March 26, 2018, the Defendant reported and contacted the comments posted at H Internet shopping mall at the above office on H Internet shopping mall. Upon receiving a proposal from the victim J, “I wish to purchase the Nakid Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad 2,580,00 won, the Defendant stated that “I will deliver the Nad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad

However, in fact, the Defendant started operating the said H online shopping mall from November 2015 to KRW 70,000 capital, but continued to cause the enemy's loss, and the office's operation was very difficult from the end of 2017 due to the enemy's fault, and it was ordered by the customer since the enemy's accumulated situation when carrying out the shopping mall business.

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