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(영문) 서울남부지방법원 2016.08.12 2016고정243
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who sells electronic equipment, etc. at the Internet site “AMAON JAPN”, etc.

When the Defendant purchases goods from “AMAON JAPN”, the Defendant is keeping the proceeds of the goods in “AMAZON” in the “JAPN” until the transaction is completed, and there is a reason for the buyer’s request for refund due to the defect of the goods, etc.

In the determination, the goods were purchased with an ex officio refund of the "AMAZN JAPN" and applied for refund immediately, and the goods were received from the "AMAZN" JAPN and the goods were acquired by the means of not returning the goods.

On May 1, 2015, the Defendant: (a) purchased an amount equivalent to KRW 1,141,997 from the victim C to a competitive seller of “AMACON JAPN” in the Internet site “AMAON” without the intent or ability to pay for the intent or cost of using the mobile phone; (b) received the said mobile phone from the victim on or around the 21st of the same month; and (c) filed an application for return of the said mobile phone to “AMAGONNN” on or around the 24th of the same month; and (d) received the refund, but did not return the said mobile phone to the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the provisions of Acts and subordinate statutes to the complainants submission documents (written invoices and statements, etc.) and written statements;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The claimed mobile phone purchased by the Defendant from the injured party was opened and opened, and thus, it was not only the fact that the Defendant followed the procedure for refund through the pande of the Ama-de, and the Ama-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-

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