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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who operated G to operate an entertainment tavern “E” (after changing the name to F) located in Gangnam-gu Seoul Metropolitan Government D underground floors from August 2010 to May 2012.
Around August 5, 2010, the Defendant entered into a monetary loan agreement with the victim as the principal debtor, the Defendant as the joint guarantor, and the victim from December 31, 2010 to December 31, 2010, under which 100 million won and interest 40 million won shall be paid. A promissory note as to the above claim was notarized on or around August 9, 2010, and the victim H received a collection order from the Seoul Central District Court around February 1, 2012, the Defendant issued the credit card company, such as the debtor and the non-CC card, and the third debtor with the bank as the third debtor.
In addition, around February 17, 2012, the Defendant had notarized promissory notes of KRW 200 million at the face value of KRW 100 million, which was issued to secure the obligation of KRW 200 million to the victim I, on April 1, 201, the date of payment, February 10, 2012, the issuer G representative director, the Defendant of the issuer G representative director, and the victim received the above promissory notes from the Seoul Central District Court on March 22, 2012, on the ground of the above promissory notes, the Defendant received the order of seizure and collection of claims against the card company, such as paro, fch card, as the third debtor.
From February 1, 2012 to May 1, 2012, the Defendant settled the drinking value, etc. of customers who found the said entertainment drinking house from around February 1, 2012, and settled it with the K credit card terminal operated by J, other than the credit card terminal opened in the said G, thereby pretending that the above G credit card sales claim was K’s claim amounting to the total amount of KRW 161,265,00,00, thereby damaging the creditor’s claim amounting to KRW 161,265,00.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness J and part of L’s legal statement;
1. Statement of police statement made to H and I;
1. Notarial deeds of notes, seizure and decision on collection, credit card receipts, promissory notes;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Criminal facts;