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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On October 9, 2012, the Defendant, around October 2012, 2012, presented a letter of promissory note, which was issued at the face value 35 million won of the F issuance, and the due date on January 14, 2013, in the Seo-gu Incheon, Seo-gu, Incheon, which is operated by the Victim C (56 years of age) (hereinafter “C”) to the effect that the Defendant would pay the bill at a discount because there is a bill received by delivery of the object.”
However, since the above bill was issued without any transactional relation, there was no collateral, and even if it was received money from the victim as above, it did not have an ability to repay it normally even if it was given due to the fact that the management performance of the company operated by the defendant was insufficient to pay the monthly salary of employees or the interest on bank loans due to the continuous operational failure.
As above, the Defendant, as the above, received 33,110,000 won from the victim as a discount for the bill immediately from the victim, and acquired it by deception.
2. On March 28, 2013, the Defendant, at the above E office around March 28, 2013, presented to the victim a note with the following: “The Defendant: (a) at the discount of a bill, he/she has received the payment for the bill; (b) he/she has repaid the amount of KRW 5 million out of the amount borrowed before the discount of the bill; and (c) he/she would pay the amount of the bill before the due date; and (d) a note with the face value of KRW 27 million issued by G, the due date, and the due date on July 31, 2013.
However, since the bill was issued without any transactional relation, there was no collateral, and since the management status of the company operated by the defendant aggravated as above, the defendant did not have the ability to pay the bill normally even if it was received money from the victim as a discount for the bill.
As above, the Defendant, as such, received from the victim a sum of KRW 20,000,00 from the victim as a discount for the bill immediately.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A complaint;