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A defendant shall be punished by imprisonment for not less than eight months.
Of the facts charged in the instant case, the fraud on November 23, 201, and the fraud on December 23, 201.
Reasons
Criminal facts
The defendant is a person who runs the publication E in the name of G in the wife population C, which is a child, in the name of G.
At the time of discount of promissory notes, etc. from the victim F, the Defendant was not in a proper business without any particular property, and was in a bad credit standing with a credit card of approximately KRW 40 million, and the Defendant was in a bad credit position. Since other debts were above KRW 50 million, the Defendant did not have the intent or ability to pay them normally on the date of repayment even if they were to receive a discount of bills or household checks from the victim.
1. Nevertheless, on June 4, 2010, the Defendant issued three copies of the Promissory Notes (on September 30, 2010, October 30, 2010, October 30, 2010, October 30, 2010, and November 30, 2010) with the face value of KRW 5 million issued by G to the victim at the parking lot of the Bomunmundong branch of the Seongbuk-gu Seoul Bomunmundong, Seongbuk-gu, Seoul, and received from the victim a delivery of KRW 13.2 million on the face of the bill.
2. On June 23, 2010, the Defendant: (a) at the same place as the above paragraph (1) above, issued to the victim each three million won of face value issued by H, respectively, at six promissory notes with six (the payment date, October 5, 2010; (b) November 15, 2010; (c) January 15, 201; (d) January 15, 201; and (e) March 15, 201, the Defendant received KRW 15,300,000 from the victim as a discount.”
3. On July 5, 2010, the Defendant, at the Defendant’s office located in Chungcheongnam-si, on a telephone, issued four copies of a promissory note 3,375,000 won (on September 5, 2010, the payment date, October 5, 2010, November 5, 2010, and December 5, 2010) to the victim and one copy of a fake (on September 30, 2010, the payment date) and three million won (on September 30, 2010) at the Defendant’s office located in G, there is no place where G is discounted. G is different.