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A defendant shall be punished by imprisonment for two years.
The charge of fraud against C is not guilty.
Reasons
Punishment of the crime
While the Defendant issued and exchanged the accommodation bill over 100 occasions with the victim D and used it by endorsement, around May 2007, the Defendant refused the issuance and exchange of the bill from the victim with the fear of uneasiness that the financial situation of the Defendant Company’s operation has deteriorated and the face value of the bill has increased.
On May 21, 2007, the Defendant made a false statement to the effect that “I would like to settle the payment of the bill immediately if I would exchange the bill only once. I would like to know about it. I would like to pay the bill immediately.”
However, in fact, since the financial situation of the company operated by the defendant was very difficult and the debt was accumulated and there was no work price that can be paid immediately, even if the bill was issued, it could no longer be settled normally.
As can be seen, the Defendant issued and delivered promissory notes with face value of KRW 49.8 million under the Defendant’s name as if the Defendant would normally settle the bills with the victim. In exchange for this, the Defendant received a copy of promissory notes with face value of KRW 49.65 million from the victim’s employees G, and then received from the victim a copy of the promissory notes with face value of KRW 478.79 million from September 3, 2007, the Defendant issued 10 copies of promissory notes with face value of KRW 478.79 million in the Defendant’s name, as indicated in the list of crimes in the attached Form, and received delivery from the victim of the promissory notes with a total face value of KRW 44.872 million in the name of G and KRW 29,790,570 in cash.
Summary of Evidence
1. A protocol of examination of part of the defendant by prosecution;
1. Legal statement of witness D;
1. The portion not guilty under Article 347(1) of the Criminal Act, which applies to the law of the copies of promissory notes
1. On November 2005, the Defendant borrowed KRW 100 million from H with the introduction of the victim C around November 2005, and made several repayment dates.