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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On June 23, 2008, the Defendant indicated that “G” number, “97,759,325 won,” “9,325 won,” “the due date, November 7, 2008,” and “H” in the “F office operated by the victim E in Seo-gu, Daegu-gu, Seoul-gu, indicated that “G” number, “97,759,325 won,” “The profits would be high if steel materials are purchased in cash.” The Defendant said that “I would like to encash the bills received as the price for supply from the transaction partner I. It is difficult for the Company to believe and replace the bills.”
However, the fact is that the bill delivered by the defendant to the victim was received without the actual delivery transaction from the representative H, or the amount exceeding the actual supply price was stated as the amount of the bill.
From around 2003, the Defendant began to borrow a financing bill from H from around 2004 to around 2004, and from around 2006, the Defendant paid the amount of the existing financing bill to H as the discounted price of the new financing bill because of the difficulties in management due to the increase of raw materials price, attempted export price, etc., so the Defendant did not have any intent or ability to pay the amount of the bill to H to prevent the default of the payment of the bill.
The Defendant received KRW 9,5480,000 from the victim for the same day as the discount price for the bill, and received KRW 1,89,066,00 in total from June 23, 2008 to November 3, 2008, as shown in the attached list of crimes.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, H and K;
1. An interrogation protocol of the police officer with H (one time);
1. Details of investigation reports (a copy of opinions, etc.), copies of passbooks, and court rehabilitation authorization records;
1. Application of statutes on copies of promissory notes;
1. The Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the relevant criminal facts;