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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 18, 2016, in order to secure the debt to the victim A and C, the Defendant issued one copy of the Promissory Notes (Serial Number) to the Bank of Korea, which became the Bank of Korea, and delivered to the victim company on July 18, 2016.
After that, the defendant came to know that the position of the victim company would receive preferential payment of the amount of a promissory note and settle the excess amount while promising to settle the amount of debt with the victim company, the victim company's mind was unable to present the amount because it was anticipated that there was no settlement fund when the payment of a promissory note was presented by the victim company.
On December 30, 2016, the Defendant returned the said Promissory Notes to G, who is an employee of the victim company, stating that the Defendant would change the face value of the Promissory Notes to KRW 87,299,300, which is the amount of debt claimed by the victim company, at the Gangnam-gu Seoul F and 305 office, and then returned it again after changing the face value to KRW 87,29,300, and attaching seals to the issuer column of the Promissory Notes.
On December 31, 2016, the date of presentation for payment, the victim company, presented the above Promissory Notes to the Industrial Bank of Korea, but was not able to receive the payment of the Promissory Notes in the form of “influence.”
Accordingly, the defendant has undermined the utility of the above promissory note owned by the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of statutes on copies of promissory notes;
1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution (Considerations, reflects, and points without the same force);