A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

At the time when the Defendant received a promissory note with the face value of KRW 25 million issued by E, the victim, and a promissory note number of KRW 30 million, the Defendant did not have any other assets than KRW 300 million, and the outstanding amount was not repaid for one year or more. The Defendant was not able to recover the outstanding amount. The Defendant was able to pay KRW 37 million to the victim even if he received the said promissory note with the owner of the building and the owner of the site, as a substitute payment for the construction cost of Pyeongtaek-si I Building, which was obtained from H Co., Ltd. under a contract with H Co., Ltd. for construction from H Co., Ltd.

Nevertheless, on November 2, 2010, the Defendant, at the front of the subway No. 1, the subway Co., Ltd. located in Suwon-si, ordered the victim to pay by subrogation the Defendant’s obligation to pay goods to the Defendant’s K Co., Ltd. and submit the said promissory note to the investigation agency. In response, the Defendant deceptioned the victim by saying, “The Defendant would pay by subrogation the Defendant’s obligation to pay the goods payment to the Defendant’s K Co., Ltd., the amount of KRW 37,40,000,000, which was kept by the Defendant from the said K, until the three-month period following the said K’s entry into force.”

The Defendant received the said promissory note from the victim on the same day, and acquired the amount equivalent to the said promissory note by fraud.

Summary of Evidence

1. Legal statement of the witness M;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D's prosecutor and police statement;

1. A copy of a promissory note, a loan certificate, a certificate, or a certificate;

1. Application of Acts and subordinate statutes to a copy of a bond transfer contract and a copy of tax invoice;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The Criminal Act, the suspension of execution;