A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around April 6, 2006, the Defendant stated that “If the Defendant fails to pay the accounts payable to E, he/she shall not operate his/her business because the distribution of alcoholic beverages is suspended.” A promissory note in the name of the party, the Defendant borrowed a note of KRW 40 million. If so, the Defendant would pay the time limit after two months.”

However, in fact, the Defendant did not have an unsatisfurd money two months after the lapse of the two months, and the amount of KRW 400 or 500 million was not recovered from the customer at the time, and there was no possibility of recovery of the outstanding amount, and thus, there was no intention or ability to pay the outstanding amount even if the Defendant borrowed a promissory note from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, obtained a copy of the Promissory Notes (B) that constitutes the face value of 40 million won of the issuance of the victim on the same day from the victim and acquired it by fraud.

2. On April 7, 2006, the Defendant stated, at the above office, that “The amount payable to be settled is the difference between the amount payable to the victim D and the amount of promissory notes worth KRW 50 million as the amount payable to be settled falls short of KRW 40 million.” If so, the Defendant would pay the said amount after three months.”

However, even if the Defendant borrowed a promissory note from the victim, the Defendant did not have any intent or ability to settle the amount.

Nevertheless, the Defendant, as above, by deceiving the victim, obtained a letter of promissory note (B/L number G) that constitutes 50 million won of the issuance of the victim on the same day from the victim and acquired it.

Summary of Evidence

1. Statement of the accused in the first trial record;

1. The prosecutor's statement concerning H;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of a promissory note, a certified copy of the register, a certified copy of a promissory note, a certified copy;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment