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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 18, 2010, the Defendant was sentenced to six months of imprisonment for embezzlement in the Suwon District Court’s Ansan Branch, and on March 18, 201, the said judgment became final and conclusive on September 24, 2011, and completed the execution of the sentence in the Sungsung Vocational Training Prison on September 24, 201.
1. Around October 30, 2008, the Defendant made a false statement to the effect that “The Defendant would pay the face value without any molding on the date of payment” to the victim D’s “The face value of KRW 29,800,000 issued from F of the Company F is discounted by 1 copy of the Promissory Notes (bill No. G).”
However, the above promissory note was issued directly in the name of F Co., Ltd. in order to get a discount, and thereafter, was endorsed in sequence under the name of H and I without any ordinary transactional relationship, and the Defendant was aware that the above promissory note was not payable at the due date, and there was no intention or ability to have the victim receive a promissory note at the due date.
Nevertheless, on October 31, 2008, the Defendant, by deceiving the victim as such, received 23,400,000 won from the victim’s bank account under the name of the Defendant’s bank account as a discount of bills.
2. On December 1, 2008, the Defendant made a false statement to the effect that “The Defendant would pay a face value to the victim D with the same place as above 1st day of December 2008 to the effect that “The face value of KRW 29,800,000 issued by F of the Company F shall be discounted, and the face value shall be paid without putting up on the date of payment.”
However, the above promissory note was issued directly in the name of F Co., Ltd. in order to obtain discount upon the Defendant’s financial difficulties, and subsequently endorsed in order under the name of H and I without any ordinary transactional relationship, and the Defendant was aware of the circumstance that the above promissory note was not paid on the date of payment, and the victim’s intent or ability to receive a promissory note on the date of payment.