A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

From September 14, 2015 to October 30, 2018, when the Defendant purchased goods from the victim company and then cancelled the purchase, and input them into the return processing system into the normal return processing system, the Defendant used the goods processed as the goods being returned in a normal way without returning them to the victim company, and used them to cancel the purchase and deliver the returned goods without paying the price.

피고인은 2018. 9. 12.경 장소불상지에서 피해자 회사의 인터넷 홈페이지에 접속하여 ‘애플 에어팟 이어폰’ 1개를 주문하고 대금을 결제하였다.

However, the Defendant had no intention or ability to pay the price of the goods normally because he/she requested the return of the goods after cancelling the purchase of the goods by the above method and applied for sale to a third party without returning them to the victim company.

The Defendant received from the victim company the total sum of the damaged goods as indicated in the attached crime list from around that time to October 21, 2018, including the Defendant’s failure to return the said goods in the above manner, and received the delivery of goods equivalent to KRW 15,579,950 in total of the damaged amount, as shown in the attached crime list.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (the change of details of damage), investigation reports (the confirmation of the method of taking measures), and investigation reports (the confirmation report of the amount of damage suffered by the victim);

1. Application of the Acts and subordinate statutes to the place of accusation, crime sight, and interview;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant recognizes the crime. It is not good to commit the crime by fraud through intentional and planned deception.