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(영문) 울산지방법원 2021.03.26 2020고단4959
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

When the Defendant ordered the goods at the Internet shopping mall “C” website operated by the victim LAB and filed an application for return, the Defendant, taking advantage of the fact that the delivery company received the refunded goods and received refund money and the refund money was first returned, prior to confirmation as to whether the goods were actually returned, the Defendant was willing to acquire the refund money by means of not returning all or part of the ordered goods in receipt of refund money for all of the ordered goods.

Accordingly, around February 4, 2018, the Defendant: (a) connected the above shopping mall site in Ulsan-gun, Ulsan-gun, the Defendant’s residence to the account in the name of the Defendant; (b) settled one of the children’s physical exercise files equivalent to KRW 35,910 at the market price and delivered to the above residence; (c) returned goods as if they were returned by accessing the same account to the above site on February 5, 2018 and returning the payment to the same account if they were returned; and (d) received refund at that time.

However, the fact is that the defendant had the delivery officer take over the return box which did not contain the above physical movement, and continued to use it for the purpose of returning the refund money without returning the physical movement, and therefore there was no intention or ability to return the goods to the victim even if he received the refund from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) received a refund of KRW 35,910 from the victim on February 5, 2018; and (c) from that time until November 6, 2018, the Defendant received a total of KRW 7,203,390 from the total of KRW 173 goods on 59 occasions in the following manner: (a) received a refund of KRW 7,203,390 from the victim on February 5, 2018; and (b) obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 347 of the Criminal Act comprehensively covers the relevant legal provisions and the choice of punishment for the crime.

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