beta
Text
Defendant
A In six months of imprisonment, the defendant B shall be punished by imprisonment with prison labor for a crime of fraud against the victim D in the judgment of the defendant B.
Reasons
Punishment of the crime
"2017 Highest 1671"
1. On June 15, 2016, Defendant B was sentenced to a two-year suspended sentence of imprisonment with prison labor for embezzlement at the Seoul Central District Court on April 15, 2016 and the said judgment became final and conclusive on June 23, 2016.
On February 2, 2016, as an operator of the “I” operating gold-type manufacturing business at H in Sih at Sih, the victim D asked A to the effect that “A requires operating funds of KRW 70,000,000. To provide financing at a discount of a bill, the victim D requested A to introduce a bill to the company that has issued the bill to grant a discount of the bill, and A requested A to the effect that A, the representative of stateJ, introduced the company that has issued the bill to the victim to request A to request the issuance of the bill to the victim.
From February 16, 2016, the Defendant presented an electronic bill (hereinafter “instant bill”) to the victim via A on February 16, 2016, stating that “this case’s bill was discounted and 70 million won was used at a discount, and the remaining 50 million won was transferred to the account under the name of J. In that case, the Defendant would be repaid at Justice at the maturity date.”
However, in fact, K did not allow the Defendant to use KRW 50,000,000, which is a part of the bill discount amount of this case, and even if the Defendant used the above KRW 50,000,000, the Defendant did not have the intent or ability to repay it until the maturity of the bill.
Nevertheless, the Defendant, as seen above, by deceiving the victim and then transferred KRW 50 million from the victim to the passbook under the name of the J around February 16, 2016.
2. Defendant A victim D paid only KRW 20 million out of the amount discounted by the due date of the Promissory Notes until May 15, 2016, and did not repay the remainder. Defendant D got off payment of KRW 100,000 on behalf of the Bank from the issuer (State) K to prevent the settlement of the Promissory Notes in lieu of KRW 100,000 on behalf of the Bank.