There might be something subtly illegal here - but I assume Apple would just refuse to honor the refund if they thought it was fraudulent - so it wouldn't be up

There might be something subtly illegal here - but I assume Apple would just refuse to honor the refund if they thought it was fraudulent - so it wouldn't be up to Apple to collect damages - it'd be up to the other party to collect their refund (assuming they can legally compel Apple to pay up)