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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1038] The Defendant, at around October 14, 2013, at the victim C’s office in South-gu B and 2-story-si, South-gu, and 2-story-si, 2013, funding is insufficient to raise motor vehicle parts operated by his mother.
A promissory note with a face value of KRW 10,240,000 shall be lent only one month per one month, subject to reduction of a chapter of the issuer D, face value of KRW 10,240,000.
“.........”
However, the Defendant knew that a promissory note was issued at will without D’s consent, and even if a promissory note was presented to the bank, the Defendant did not pay the amount of the promissory note. However, the Defendant did not have any intent or ability to pay the money even if the Defendant borrowed money from the victim because the Defendant’s business operated was not well and was economically difficult.
In doing so, the defendant deceiving the victim as above and transferred KRW 9,700,000 to the Agricultural Cooperative Account (E) in the name of D next day from the victim.
[2] On October 14, 2013, when borrowing KRW 10 million from C offices located in Nam-gu B and 2, the Defendant prepared in advance for the purpose of preparing one promissory note in the name of the branch and providing it as security at the time of loading KRW 1,00,000,000 from C offices in the south-gu B and 2 floor, and presented the fact that “D, 16 October 2013, 203,” and “the issue date column” to “the issuer column” to “D, 16, 2013,” and “the payment date column” to “the 18th day of November 2013, 200,000 won” to each of the following: (a) signed in the name of the issuer, the mother of the Defendant, by affixing the name of the issuer, and presented the above Chapter 1 to C as a promissory note; and (b) exercised it.
Summary of Evidence
[2015 Highest 1038]
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A copy of the details of transactions in a passbook (2015 highest 1312);
1. Statement by the defendant in court;
1. Copy of the police statement made to C;
1. Application of the Acts and subordinate statutes of forged promissory notes;