2020 Highest 4959 Fraudulent

A, 1983 G, Woo L, L, and Note

Residence

Reference domicile

Park Yoon-hee (Court of Appeals) and a trial of the sloping (Court of Appeals)

Attorney Lee Ji-hee (National Ship)

on March 26, 2021

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

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

When the Defendant ordered the goods on the Internet shopping mall B’B operated by B and applied for the return of the goods, the Defendant attempted to acquire the refund money by means of not returning all or part of the ordered goods by taking advantage of the fact that the delivery officer’s immediate refund in receipt of the returned goods prior to confirmation of whether the goods were returned actually after receiving the refunded goods.

Accordingly, on February 4, 2018, the Defendant: (a) connected the shopping mall site at 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 at the market price of KRW 35,910, and was delivered to the said residence; (c) returned goods as if they were returned by accessing the said site to the same account at around February 15, 2018; and (d) returned the payment at around that time.

However, the fact is that the defendant had the delivery engineer take over the return box which did not contain the above physical movement, and had the delivery engineer continued to use the refund without returning the physical movement, and thus there was no intention or ability to return the goods to the victim even if he received the refund from the victim.

As above, the Defendant, by deceiving the victim, received from the victim a refund of KRW 35,910 from February 5, 2018, and from November 6, 2018, the Defendant received a total of KRW 7,203,390 in total from 59 times in the manner described in the separate crime list, and acquired pecuniary benefits equivalent to the same amount by being refunded KRW 7,203,390 in total for 173 goods.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

inclusive Article 347(1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The facts that have been repeatedly committed for a considerable period shall be considered as favorable circumstances, such as the fact that the crime is recognized and against the fact that it is being committed for a considerable period, and that only the fact that the punishment of a fine has been imposed once for another type of crime, etc. shall be considered as being favorable. In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances that are conditions for sentencing specified in the records and arguments, such as the amount of fraud, stolen goods, the age, character

The number of judges