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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On May 3, 2012, the Defendant made a false statement to the effect that “The credit necessary for the importation of raw timber shall be issued, but if a promissory note is issued in the name of F and would not be replaced with the raw material imported on the face of the State, or would not be replaced with the raw material, or would not be treated as a default by settling a promissory note within the due date for the payment of the promissory note.”
However, the Defendant had no intention or ability to pay the operating fund on the date of the payment of the promissory note, even if the promissory note was issued in the name of F operated by the victim in order to import the raw timber, because the Defendant was unable to repay the operating fund with the promissory note borrowed from others due to the extreme financial difficulties.
The Defendant received, around July 17, 2012, KRW 215,00,00 from the victim, the sum of five promissory notes in the name of F Company E, including the receipt of one promissory note in the name of F Company E in the name of the date of payment, October 25, 2012, the date of payment, October 25, 2012, and the face value of KRW 60,000, from the victim’s office around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of examination of the accused by the prosecution (including the substitute part);
1. Statement to E by the police;
1. Article 347 (1) of the Criminal Act which applies to Acts and subordinate statutes concerning report of investigation (Submission of Reference Materials);