A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on April 3, 2015.

Criminal facts

around December 23, 2010, the Defendant issued a copy of the Promissory Notes with the face value of 28,700,000 won, to the victim at the “E” office operated by the victim D, the victim D, “E”, “F”, “F” on the date of payment,” “the Bank of Korea’s early branch” on the date of payment, and “the Bank of Korea’s early branch” on the place of payment, and there is no funds, such as material costs, for construction.

The discount of promissory notes is different for financing funds. The Promissory Notes shall be settled on the date of payment, and it shall not be concerned.

“A false statement” was made.

However, the Defendant knew that the bill was not settled on the date of payment of the bill, because the bill that the Defendant requested discount to the victim was called the 'brupted bill', which is anticipated to be defaulted on the date of the decision.

The Defendant, as such, by deceiving the victim, received KRW 18,560,000 from the victim under the pretext of the discount of the said Promissory Notes.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and G;

1. A protocol concerning the examination of the accused by the prosecution (including D parts of the statement);

1. Each police suspect interrogation protocol against the defendant, H, and I (including the part concerning the statement of H, I, and D);

1. Statement made by the police against D;

1. A copy of a promissory note or a investigative report (a report accompanied by a statement of transaction of the passbook by JJ);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act provides that the principle of equity shall be taken into account when a judgment has been rendered simultaneously with a crime of fraud, etc., for which judgment has become final and conclusive.