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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 756]
1. On July 26, 2013, the Defendant forged securities at his/her own discretion written in the column for the amount of the Promissory Notes in the D office, which was copied by E Company’s “F”, “I Bank,” the place of payment,” in the form of the D office in which the Defendant’s operation of the Defendant Company C was named as “F”, “this million won (Won 25,000,000),” “F 26 July 26, 2013” on the issue date column, and “19 November 2013” on the date of payment column.
Accordingly, for the purpose of exercising rights, the Defendant forged a promissory note in the name of E Co., Ltd. as securities.
2. On August 2, 2013, the Defendant exercised a forged promissory note as above on August 2, 2013 to G who was aware of the forgery at the said D office, and exercised it under the pretext of payment of the price for the goods, as if it was actually issued.
[2017 Highest 775] On June 7, 2013, the Defendant would pay KRW 50 million to the victim H, “The amount of KRW 15 million in the name of D Co., Ltd., which had previously been discounted, is KRW 15 million on June 10, 2013, and the amount of KRW 15 million on June 20, 2013, and the amount of KRW 20 million on June 30, 2013.
“A false representation was made.”
However, D Co., Ltd. operated by the Defendant had no intention or ability to pay KRW 50 million as agreed even if the bill is recovered from the injured party due to extreme aggravation of financial situation from June 2013, because of the failure to pay the amount of goods to the customer in the amount of KRW 900 million.
Nevertheless, the Defendant, as mentioned above, received a promissory note from the injured party, i.e., the face value of KRW 50 million issued in the name of the Co., Ltd. from the injured party and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of the witness H;
1. Some statements made to the defendant by the prosecution (2017 high-ranking 775) concerning the suspect interrogation protocol;
1. Entry of I in the statement protocol made by the prosecution against I;
1. Each of the defendants;