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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant, as the actual representative of D, was supplied with gas from F Co., Ltd. operated by Victim E for a long time since 1996, and was faced with difficulties due to lack of equipment cost, wage, etc. due to the deterioration in the management of the company, and subsequently, had the victim discounted bills or transferred the ownership of real estate, etc. to the victim, and had the victim receive loans by taking them as security.
1. On January 1, 2010, the Defendant issued two promissory notes (bill No. 1 and J) issued by H to the victim of the victim’s above F Office in Seo-gu Incheon, Seo-gu, Incheon, as if they were normally issued by H, and said, “this bill may be paid in cash, so it would be difficult to pay in cash.”
However, even if the date of payment of the above bill was due, it was so-called breath bill which is not likely to be settled by the bank, and even if each of the above bills was in default, the Defendant did not have the intent or ability to pay each of the above bills to the victim as an endorser, even if the above bills were not repaid on February 25, 2010 and March 28, 2010
As such, the Defendant, by deceiving the victim, received approximately KRW 100,000,00 from the victim for the purpose of the discount of the bill, in cash and the number of promissory notes.
2. On July 3, 2013, the Defendant: (a) had K and Ecoos vehicle in the above office with the above office and brought back the said vehicle again after having the victim purchased the vehicle in the name of Ncoos vehicle, and the vehicle to be purchased in the name of N company, and the vehicle to be paid in the name of Ncoos vehicle and to be transferred to the name of Pcoos after two months after the payment of monthly obligation to Pcoos; and (b) the victim purchased the said vehicle on the same day and borrowed 45 million won from Fcoos.
However, the defendant pays the installment of the above vehicle or owns and uses the vehicle.