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A defendant shall be punished by imprisonment for not less than one year and six months.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The defendant is a person who operates the F Co., Ltd. in Kim Jong-si.
Around November 16, 2011, the Defendant issued D Promissory Notes, the representative director of the victim I, in a restaurant called H located in G in Silung-si, G, and issued promissory notes in the name of the said company. As such, even if ex officio changes are made, it is not detrimental to the identity of the facts charged, nor disadvantage the Defendant’s exercise of his/her right to defense. Thus, such changes are made ex officio.
In addition, a promissory note with a face value of KRW 128,950,215 is received from D and used at discount around that time, because the financial situation of the company is extremely difficult to help but it is difficult to do so. If 10 million won is loaned, a bill returned to November is settled normally, and a bill can be traded after no problem thereafter. In addition, a promissory note with a face value of KRW 128,950,215, including the above borrowed money and the advance payment for the goods, was used by the victim company.
However, in fact, even if a promissory note was issued from May 201 to the victim company and the state court from around May 201, the Defendant was unable to settle the price, and even if modified, it is deemed that it does not harm the identity of the facts charged and does not affect the Defendant’s exercise of his/her right of defense, and thus, it is modified ex officio as above.
Since the management status of the said FFF corporation has deteriorated, there was no intention or ability to repay the said amount at the time even if a promissory note issued by the victim company D was received from D.
Nevertheless, the Defendant, as above, was issued a promissory note amounting to KRW 128,950,215 with the face value of the issuance of the victim company by deceiving D as above.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D;
1. Prosecutions against the Defendant.