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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is a person who leased part of the factory of the victim B, and operated the Geumdom Co., Ltd. from April 200 to October 2002.
1. In August 2002, the Defendant stated that “If a promissory note is lent with funds to purchase gold as a result of difficult operation of the company, the Defendant would deliver the promissory note (F, G) issued as security and pay the price by the due date for the bill.”
However, at the time of fact, the Defendant and the Defendant were in the immediately preceding position due to the lack of funds in the company, such as factory rent, monthly pay of employees, and retirement allowances, and thus there was no intention or ability to pay the bills even if the bills were delivered by the victim.
Nevertheless, the Defendant, as above, by deceiving the victim, received a letter of promissory note (I) with a face value of KRW 30 million issued by H in the name of loan from the victim.
2. In October 2002, the Defendant received a proposal from the above E to the C Office of the Defendant’s operation of the Defendant, which was located in Seo-gu Incheon, Seo-gu, Incheon. In exchange for a promissory note with the face value of KRW 40 million (K) and KRW 30 million (L) of the issuance of the J-owned Promissory Notes (K) and the new company C, as described in paragraph (1), the Defendant was found to have been in exchange for a promissory note with the Defendant’s operation of the Defendant. In fact, as if the Defendant did not have the intent or ability to settle the Promissory Notes of the issuance of the Co., Ltd. as described in paragraph (1), it was found that the Defendant would settle the settlement of the Promissory Notes with the victim, while granting KRW 30 million of the said C-issued Promissory Notes and, at the same time, acquired a promissory note in exchange with the victim.
Accordingly, the Defendant deceiving the victim as above and received from the victim a promissory note of KRW 40 million which is issued by the said J.