A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

At around 15:00 on September 5, 2014, the Defendant made a false statement to the victim D, who needs to distribute the funds, that “The electronic bill will be settled normally by depositing the electronic bill in cash to B, which is 50% of the above amount, to B, and KRW 30 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the Defendant had the obligation of KRW 1 billion at the time, and was unable to repay the obligation with bills, etc. due to financial standing, and thus, the Defendant did not have the intent or ability to deposit the amount of KRW 30 million with the issued account of electronic bills by the maturity date.

Therefore, the Defendant, who believed that the electronic bill of KRW 60,000 is to be settled normally on the due date, received KRW 26,40,000 from the injured party who believed that the electronic bill of KRW 60,000 is to be settled normally on the due date, as a discount of the bill, and acquired it through the remittance of KRW 3,50,000,000,000,000 on three occasions on September 5, 2014, and KRW 17,000,000,000,000 on three occasions on September 16, 2014, as a discount of the bill.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. A complaint;

1. A defaulted electronic bill, tax information on the electronic bill (Chapter 4), details remitted to A, copies of the passbook, financial network transaction details (Chapter 5), a copy of the registry, a certified copy of the electronic bill inquiry into the issued electronic bill, a statement of passbook transaction (Chapter 60 million won), a certificate of value-added standard (Chapter 3), each standard financial statement, each standard financial statement, each standard statement of profit and loss (for general corporations);

1. The application of Acts and subordinate statutes to report on investigation (to hear statements filed by complainants D);

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

1. Article 62 of the Criminal Act: