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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On Nov. 27, 2007, the Defendant was sentenced to six months of imprisonment for fraud in the Gwangju District Court's Netcheon Branch on Apr. 12, 2010, and completed the execution of the sentence in the Net Prison on Apr. 12, 2010.
The defendant is the chairperson of C, and is the actual operator.
around January 10, 2013, the Defendant made a false statement that “The victim E, a representative director of the former Kim Jong-si, exchanged with promissory notes of KRW 70 million issued by the victim company C and KRW 70 million issued by the Defendant Co., Ltd., to use the promissory notes at a discount on the bill,” which read, “The amount of the promissory notes was imported from the Myanmar, and will be paid in cash” to the victim.
However, even if a promissory note is lent to the victim company due to the absence of special assets and the financial status of C, the Defendant did not have any intent or ability to return the promissory note to the victim in cash.
As such, the Defendant, by deceiving the victim, obtained from the victim a note number G, face value 20 million won, ② a bill number H, face value 30 million won, ③ a bill number I, and a note number I, and a note number 20 million won (in total face value, 70 million won) and acquired them.
"2013 Highest 6912"
1. On January 16, 2013, the Defendant entered into a false statement that “In order to obtain (a) M substantially operated by the injured party, the Defendant would issue L/C to the “N” who is an exporting company of M in the case of M in which the injured party, through the head of the headquarters K, to the “N” who is a Chinese exporter in the case of M in which the L/C is operating. Once the U.S. has been imported from N, the Defendant would be exempted from the L/C M. In lieu of 50 million won, it would be repaid one month after the loan of 50 million won.”
However, in fact, the defendant did not have any special property as a bad credit holder, and C is related to the land purchased around September 2012 by the Chungcheongnam-si.