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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2015 Highest 4872"
1. Intrusion upon a structure, theft;
A. At around 17:00 on June 8, 2015, the Defendant: (a) went into the “E boiler agent” operated by the victim D in Nam-gu Incheon Metropolitan City, Nam-gu; (b) opened an entrance and intrude into the office using a security card held in the said agency’s office by taking out the money from the said agency’s office.
B. The Defendant, while cutting off the cash amounting to KRW 200 million owned by the Victim D, was cut off in the office where the Defendant continued to be located in the above agency by taking advantage of the hander and the rejection of the hander who prepared the credit cooperative in advance.
"2015 Highest 4988"
2. The Defendant is a person who operated E sales stores on the first floor of the building located in Nam-gu Incheon Metropolitan City, with the trade name “F of a stock company”.
around May 26, 2015, the Defendant: (a) stated to the effect that the Defendant would supply boilers to the victim G, who was the installer of the boiler by telephone, with the amount of money discounted at a low price in front of June 1, 2015; and (b) received a remittance of KRW 25,000,000, from the victim’s national bank account in the H’s name used by the Defendant to the boiler purchase price, from around June 2, 2015.
In addition, around June 8, 2015, the Defendant received from the F above, and from the phone to the victim an additional boiler payment, the Defendant received from the victim.
6.2. The amount discounted by adding up the remitted money;
6. The supply of 170 boilers to no later than 11.1 or 12.
“The victim received 30,130,000 won from the victim’s bank account as the purchase price of boiler to the said national bank account.
However, the Defendant had no intention or ability to supply boilers to the victim even if the Defendant received the boiler purchase price from the victim, as the Defendant planned to use the boiler purchase price in repayment of the debt amounting to KRW 130,000,000.
Accordingly, the defendant deceivings the victim to bring about KRW 55,130,000.