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 of the final judgment.

Criminal facts

From around November 2003 to around November 2009, the Defendant was the representative director of D Limited Liability Company D (hereinafter “D”) located in Full-gu Seoul Special Metropolitan City (hereinafter “D”), and on April 18, 2013, the Jeonju District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for the preparation of qualifications and securities, and the said judgment became final and conclusive on the 26th of the same month.

1. On or around December 24, 2009, the Defendant was not entitled to issue D’s bill of exchange on or around December 24, 2009. The facts are that D’s office was insufficient, that D’s name was insufficient, and E’s parent company’s income was less than KRW 00 million from D’s apartment construction, and employees’ pay was not paid. In addition, even if D’s bill of exchange was discounted upon discount to other persons due to the possibility of failure to pay wages, the Defendant did not have the intent or ability to pay the payment on the due date, and even if D’s representative director was not entitled to issue D’s bill of exchange on or around November 16, 2009, the Defendant was released from D’s representative director, A’s date of payment, and 45 million won bill of exchange issued on March 23, 2010, and the above E’s representative director, who was nominated in the name of D’s parent company, and the Defendant continued to receive discount from D’s above victim under the same attitude as D’s payment.

2. On September 28, 2009, the Defendant issued, at the foregoing D office, one copy of a promissory note with a face value of KRW 35 million from the issuer D representative director A, the due date for payment, January 30, 2010, and received a discount from the victim G through F on October 12, 2009, after endorsement under the said E’s name.

On January 27, 2010, the defendant had an intention or ability to pay the above amount on the extended payment date, even if both D and E are in default and the above payment date is extended.