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(영문) 인천지방법원 2019.05.22 2019고단1365
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

From August 2015 to October 2018, the Defendant: (a) was in charge of the delivery and return of goods at the Incheon 3 Camp of the Victim C Co., Ltd. in Michuhol-gu Incheon, Inc. from around August 2015 to around October 2018; and (b) filed an application for refund by directly purchasing goods on the C’s website and filing an application for refund with the customer, even though the customer who placed an order on the C’s website had an occupational duty to verify the returned goods upon filing an application for return; and (c) filed an application for refund on the part of the customer’s own purchase of goods at the C’s website, and then, he/she received the goods by

On January 7, 2018, the Defendant, using smartphones in the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon, had access to the Defendant’s user E’s Internet website, and ordered 36,440 won of the market price to do so.

However, the Defendant did not intend to pay the price of the above goods. After purchasing the above goods, upon arrival of the goods, the Defendant applied for the return of the goods immediately and paid the price of the goods, and the goods that the victim did not recover were sold in another place.

Around January 9, 2018, the Defendant acquired the goods equivalent to KRW 10,45,460 in total over 46 times, such as the list of crimes in the attached Form by means of the above method from around September 10, 2018 to around September 10, 2018, after receiving the said goods from the victim, filed an application for return of the said goods and received the refund of the said amount, and acquired the said amount of property benefits by violating the above occupational duties, and suffered property damages equivalent to the said amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to e-mail correspondence details and investigation reports (Attachment to the list of crimes);

1. Relevant Articles 347(1) and 356 and 355(2) of the Criminal Act concerning criminal facts

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