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

Punishment of the crime

[2010 Highest 629]

1. The Defendant paid KRW 2 million to B on April 1, 2008, and purchased one promissory note as of the date of issuance on April 2, 2008; the date of payment on July 1, 2008; the par value of KRW 49,500,00; and the issuer’s representative director C&D. However, the said promissory note was known to be a forged promissory note by copying the said promissory note, which had been known to the Defendant as being forged in the process of being recognized for the said discount.

Nevertheless, around June 9, 2008, the Defendant borrowed money from the F Kafe in Yongsan-gu, Yongsan-gu, Yongsan-gu and exercised it as a collateral for the borrowed money, and as such, as if the above-mentioned promissory note was duly formed, the Defendant exercised it against G without knowledge of the circumstances.

[2010 Highest 1035]

2. Around June 9, 2008, the fraud Defendant shown a promissory note of KRW 49,500,000 at the face value to the victim G, which reads that “this bill is to be offered as security because it would have been settled at the maturity date,” which reads that “this bill is to be offered as security,” which reads that “The amount of KRW 20,000,000,000,000,000 is to be paid.”

However, the above promissory note was forged and the defendant did not have any intent or ability to pay the above promissory note even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received 17 million won as the borrowed money from the victim in the same place, and acquired it by deceit.

Summary of Evidence

[2010 Highest 629]

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. A copy of the suspect identification record concerning B; and

1. The police statement concerning G;

1. Copies of promissory notes, front copies thereof, and front and rear copies thereof (2010 high-class 1035);

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes on promissory notes or loan certificates;

1. Article 217 of the Criminal Act of the corresponding Article of the Criminal Act concerning the facts constituting an offense.