beta
Text
The defendant shall be punished by imprisonment with prison labor for not more than two months and by imprisonment for not more than six months for the remaining crimes.
Reasons
Punishment of the crime
On August 13, 2015, the Defendant was sentenced to two years of suspended sentence on August 21, 2015 due to the charge of forging private documents in the Seocheon Branch of the Daejeon District Court on August 13, 2015, and the judgment was finalized on August 21, 2015. On January 14, 2016, the Defendant was sentenced to two years of suspended sentence and the judgment was finalized on May 10, 2016; on November 30, 2015, the Defendant was sentenced to two years of suspended sentence; on violation of the Illegal Check Control Act to the Daejeon District Court on July 27, 2016; and on violation of the Illegal Check Control Act to the Daejeon District Court on April 27, 2017, the Defendant was detained as a violation of the Illegal Check Control Act.
1. On May 29, 2013, the Defendant against the victim AS issued a promissory note in the name of AV Co., Ltd. as of September 30, 2013, which is the date of payment, at the AU office located in Seo-gu Daejeon, Daejeon around September 30, 2013, and the face value of KRW 50,000,000,000 for discount to the victim AS.
The amount shall be liable for the amount used by each party at the time of settlement of a bill, and the amount settlement shall be made by around September 25, 2013, irrespective of the date of settlement of a bill, and the amount settlement shall be made as stated above, and it shall be transferred from the injured party to the Nonghyup Bank Account in the name of AW, KRW 19 million on May 30, 2013.
However, the Defendant did not have any particular property at the time of the issuance of the foregoing bill. The Defendant borrowed the above money from the injured party in order to prevent the default of the AV’s checks by the so-called “refusing” method under the circumstances where the Defendant actually operated the said AV’s operating status is not good. Therefore, even if the Defendant received money from the injured party, it did not have any intent or ability to complete payment
Accordingly, the defendant deceivings the victim, and 19 million won was remitted from the victim, thereby deceiving the victim.
2. The Defendant’s fraud against the victim AX is currently cashed with the victim AX on January 2016, 2016 from the Cheongcheon-gun, Macheon-do.