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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant was the representative director of E in Daegu-gu D from January 17, 2008 to May 25, 2009.
On February 24, 2009, the Defendant stated that “The Defendant would settle the account at a discount of one promissory note on May 26, 2009, the date of payment, namely, “on the face value of KRW 50 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000
However, in fact, since July 2008, the company's business performance has deteriorated and there is no cash in possession, etc., the company's first default (the last default on May 25, 2008) was made around November 2008, and the company's office rent was not paid as of September 10, 2008, and the employees' monthly pay was delayed since around December 2008, since there was no cash in the company's possession, and the company's payment of interest, interest, etc. was made in cash as a bill by paying the company interest and overdue office rent, or at the discount of the bill was made on January 2009, and there was no intention or ability to repay even if the company's bonds to be paid on or around November 2009, because the company's financial status was inferior to above KRW 100 million and the company's loan was made from the victim.
On February 26, 2009, the Defendant, by deceiving the victim as such, obtained 45 million won from the victim, after deducting 4.5 million won as prior interest from the Si office of Daegu Bank located in Suwon-gu, Daegu-gu from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol of suspect examination of the accused by the prosecution (including F and G statements);
1. The prosecutor's statement concerning H;
1. The police statement concerning F;
1. Application of judgment documents and Acts and subordinate statutes governing the entry of bills;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Election of Imprisonment;