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(영문) 대구지방법원 김천지원 2012.12.27 2012고단613

사기등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

"2012 Highest 613"

1. On December 20, 2010, the defrauded, who is operating franchise business with the name of “BPC bank”, concluded that “If the Defendant borrowed money due to an urgent amount of money, the Defendant would have to pay back the money immediately as the contract entered into.”

However, the defendant did not have any intent or ability to repay the debt amounting to KRW 200 million even if he borrowed money from the victim.

The Defendant, including, from January 28, 201, by deceiving the victim as such, received KRW 5 million from the victim to the NAC’s Agricultural Account around January 28, 201, from the time of transfer of KRW 5 million.

6. From the end of 19.19. the sum of 13,326,300 won by either receiving cash over ten occasions or using the victim’s credit card as shown in the separate sheet of crime.

2. On August 201, 201, the Defendant established 80 computers on the first floor of the FF building in the Seocho-si, Seoul Special Metropolitan City, with a view to opening the Victim G and BPC-si, and installed 80 computers on the first floor of the building.

After that, the Defendant decided to open a BPC bank chain store at port H, and purchased a computer, but was unable to use the computer for other purposes, the Defendant committed a theft of 80 main body of the computer owned by the victim and brought about at port to port.

Around 07:00 on August 10, 201, the Defendant entered the victim’s BPC bank, and stolen it with 80 computers owned by the victim, the total market price of which is 56 million won.

"2012 Highest 697"

3. On September 16, 201, the Defendant: (a) around September 16, 201, the Defendant attempted to open the PC from the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong