A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is a delivery engineer belonging to B, who is in charge of delivery in a safe area, and the victim C is a mail order distributor.

In the online shopping mall of the victimized company, the Defendant had the intent to defraud the delivery goods by pretending to the delivery order and settlement of the goods by using the fact that the settlement amount is immediately refunded to the customer but the collection of the goods is not properly managed when the order is cancelled during the delivery process after the order is ordered by the customer.

On February 27, 2017, the Defendant: (a) at the Defendant’s residence of the building E located in Ansan-si; (b) even if the Defendant ordered the goods in the online shopping mall of the victimized company, the Defendant merely received the delivery goods by taking advantage of the position of the delivery manager; and (c) did not have any intent to pay the price; (d) as if the payment was made, the Defendant would have been pretended to pay the price, and the Defendant’s access to the above shopping mall to the account in the name of the Defendant’s spouse F, and then ordered the goods, such as the panty type panty type diaper in 2017, and the Defendant was set up as the safe area in charge of the delivery site.

The Defendant received from the person in charge of the victimized company the goods ordered as above in accordance with the Building E at Ansan-si around that time. From around that time to May 10, 2019, the Defendant received delivery of delivery goods worth KRW 202,630,370 in total over 130 times as shown in the annexed crime sight table.

Accordingly, the defendant was given property by deceiving the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the details of H utilization, the overall details of orders, investigation reports (Attachment to the details of all orders), and the details of omitted return;

1. Reasons for sentencing under Article 347 (1) of the Criminal Act, comprehensively including relevant provisions on the facts of crime and the choice of punishment;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);