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

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

Punishment of the crime

The Defendant was aware of the Victim B with the victim, and C was in possession of one copy of a promissory note, which was entered into “The issuer Dispute Resolution Co., Ltd., issuance date, KRW 700 million per share, KRW 700 million per share, February 26, 2008, and KRW 700 million per share,” and “The endorser Dispute Resolution Co., Ltd. E,” and the Defendant, together with C, had expressed that the Defendant, while offering the said promissory note to the victim as collateral, received money from the victim.

Around January 30, 2008, at the victim's office located in the third floor of the Gangnam-gu Seoul Metropolitan Government F Building, the Defendant, along with C, made a letter of receipt (written receipt) stating that "A shall deliver the above promissory note to the victim, and the defendant shall pay 150 million won to the victim at the time of the failure to pay the note by February 26, 2008, as security for the bills endorsed by the KF Building E. The loan of KRW 100 million to the victim. When the note is false, C shall deliver the said promissory note to the victim, and the defendant shall pay 150 million won to the victim at the time of the failure to pay the note by February 26, 2008."

However, the above promissory note provided as security to the victim was not likely to be paid at a par value of KRW 70 million on the payment date, and the defendant and C did not have any specific revenue or property, so even if they borrowed KRW 100 million from the victim, there was no intention or ability to repay it.

Accordingly, the defendant, in collusion with C, was delivered KRW 100 million from the injured party by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B, and part of the witness C’s legal statement;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement protocol of the police in B;

1. A copy of a promissory note or a copy thereof;

1. Investigation Report (Attachment of Decision to E operator G) (Defendant and defense counsel) denies the criminal intent of deceiving the victim because the defendant, the victim, or the bill was not anticipated to be due to the failure of the defendant, the victim, or the bill to be due to the failure to pay for it, and they set forth in the above charges.

However, this Court has duly adopted and investigated the above.