사기등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
(e).
Punishment of the crime
[2014 Highest 5815] The Defendant is an operator of N Co., Ltd., a manufacturer of automobile parts.
1. On October 16, 2013, the Defendant issued a promissory note with a face value of KRW 14,700,000 in cash and KRW 3,524,000 in a national bank account under the name of the Defendant, if the Defendant lent the amount of the promissory note to the victim’s PP office located in the wife population O to pay the amount of the promissory note to the Defendant on the date of payment. The Defendant received a remittance of KRW 10,000 in cash and KRW 3,524,00 in the name of the Defendant’s bank account on the same day.
However, at the time, the Defendant did not have an intention or ability to pay the amount on the due date as agreed because the Defendant issued a promissory note with N’s financial difficulties and prevented the repayment of the amount due to so-called return.
After all, the Defendant, as above, by deceiving the victim, received KRW 13,524,00, and acquired it by fraud.
2. In the above Q office around December 12, 2013, the Defendant: (a) lent a promissory note to the said victim as collateral; (b) issued a promissory note of KRW 19,800,000 at face value on April 5, 2014; and (c) received KRW 7,242,000 from the national bank account under the name of the Defendant, with the issuance of a promissory note of KRW 11,00,000 at face value and KRW 19,80,000 at face value on April 5, 2014.
However, at the time, the Defendant did not have an intention or ability to pay the amount on the due date as agreed because the Defendant issued a promissory note with N’s financial difficulties and prevented the repayment of the amount due to so-called return.
After all, the Defendant, as above, by deceiving the victim, received KRW 18,242,00, and acquired it by fraud.
3. On February 17, 2014, if the Defendant borrowed money from the above Q office as collateral to the above victim, the Defendant would settle the check of the number of shares on the date of payment. The issuer N in the Bank of Korea and the date of payment are June 14, 2014, issue a certificate of the number of shares per unit of 10,000 won per face value (10,000 won).