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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[2014 Highest 1249] While the Defendant was operating D Co., Ltd. (hereinafter “D”) in the Sound Group C of Chungcheongbuk-do, the Defendant deceivingd the victims as follows on November 1, 1994, and acquired a total of KRW 44,50,000 from the victims, by deceiving them, and by deceiving them, acquired financial benefits equivalent to KRW 25,500,000,000 from the victims. On February 20, 1995, the Defendant escaped to China on May 4, 2014.
1. Fraudulent crimes against victims E;
A. On December 12, 1994, at D office around 16:00, the Defendant made a false statement to the effect that, “The Defendant would have the victim who delivered materials at D office, who would at the discount of promissory notes in the amount equivalent to KRW 38 million issued by F, would have the endorsement of the promissory notes at the discount of the amount equivalent to the KRW 38 million issued by F, and would have the victim settle the bill without recourse to the due date.”
However, the fact is that F is a company with low corporate credit rating, and it was not clear whether to pay for bills or notes, and even if D who already operated by the Defendant had the ability to secure bills or notes, even if D had the ability to do so due to its default on payment and its endorsement on November 194.
After all, the Defendant, as such, by deceiving the victim, received KRW 34.5 million from the victim immediately on the face of the bill discount.
B. At around 13:00 on January 15, 1995, the Defendant made a false statement to the effect that “In the event of a discount of promissory notes in an amount equivalent to KRW 23 million issued by F, the Defendant would at a discount, except for the transport cost, which would reduce the discount to settle the endorsement of the promissory notes at a discount of KRW 23 million issued by F, and to settle it without a mold at the due date.”
However, the fact is that F is a company with low recognition or corporate credit, and it was not clear whether to pay bills or notes. Around November 1994, even if D who already operated by the Defendant had not been able to secure bills or notes even if D had been able to do so due to its default, and there was no ability to pay the transport charges.
Ultimately, the defendant deceivings the victim as such, and is up to 13 million won for transportation under the pretext of the discount of bills from the victim's right place of payment.