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(영문) 인천지방법원 2020.05.15 2019고단9036
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant filed an application for return of goods ordered by the victim B, a e-commerce company, with the knowledge that the goods to be returned are to be returned to the elective employee in charge, and at the same time, the previous settlement amount is returned first, and the previous settlement amount is not properly checked, and the goods are returned and disposed of falsely using the fact that it is not verified whether the goods were actually recovered, and then acquired the said goods by means of receiving the price of the goods.

On May 18, 2018, the Defendant, via a cell phone at an insular location, sent off the victim’s Internet shopping mall site B using a ID (C) to which the victim’s Internet shopping mall site was a member, and then settled KRW 13,000 when ordering the goods of “ELIS Round 200ml”, and received delivery of the said goods as D, and then applied for the return of the relevant goods.

However, in fact, the defendant ordered the above goods and settled once, but the defendant applied for the immediate return of the goods and received only the amount of the settlement and did not return the goods.

Accordingly, the Defendant filed an application for return as above, and received a return return box from a door-to-door engineer at around that time and did not immediately refund KRW 13,00 to the victim despite having received refund.

In addition, from that time until January 3, 2019, the Defendant abused the so-called “pre-payment system” in the above way, thereby deceiving the victim, and acquired the property amounting to KRW 95,538,200 in total from the victim on a total of 1,641 occasions, such as the list of crimes in the attached list.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Data to be submitted (the details of the omission of return of goods, the closure data of the returned and omitted system, the judgment), the report of internal investigation (the details of commencement of internal investigation and the submission of data attached thereto);

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