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(영문) 서울북부지방법원 2016.01.19 2015고단3553
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 2, 2012 to October 2014, the Defendant served in the management support team of the victim C Co., Ltd. (hereinafter “victim Co., Ltd”) companies located in B and 5 Seoul Jung-gu, Jung-gu.

The injured company has conducted a business by advertising female clothes through the Internet and receiving orders from the customer on the Internet bulletin board or telephone, and then delivering ordered goods upon receiving payment.

If the customer requests the return and refund after ordering the goods, the defendant stated the amount deposited at the time of the purchase of the goods and the account number of the customer to receive the refund in the return report, and then transferred the amount to D, who is the person in charge of the refund of the management support team, and D remitted the amount to the account of the customer to receive the refund.

The Defendant issued a false letter of order by stating the name and contact number of the virtual customer in the computer network within the victimized company. The Defendant issued a false letter of order on the Internet as if the virtual customer had deposited the goods, and prepared a false return report as if the name and account number of the representative of other clothing shopping mall companies were identified, and the virtual customer who deposited the goods with the victimized company requested refund from the victimized company, and submitted the above D with the name and account number of the representative of the other clothing shopping mall company identified as above and the account number was recorded. The Defendant had the said D, so accused, transferred the money of refund to the account number of other clothing shopping mall companies mentioned in the false return report. As such, the Defendant sent the money of refund by phoneing the clothing shopping mall company from which the victimized company received the money of refund from the victimized company, and then transferred the money of refund to its bank account from the clothing shopping mall company that received the money of refund from the victimized company.

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