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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Basic Facts] From around 1999 to January 2002, the Defendant operated the "D Shipbuilding" which is engaged in the business of repairing ships, etc. in Busan Young-gu C, Busan, and a person who left Australia on February 11, 2002 and stayed illegally on August 31, 2017 and was repatriated to Korea.
Around September 2001, the Defendant received a delivery of one promissory note issued in the name of representative H in the name of E, a son of F, in lieu of payment of the repair cost of the painting, from F, which is the actual operator of the F, at the above D Shipbuilding Co., Ltd. (hereinafter “E”). Around that time, the Defendant received several copies of promissory note and the check in the name of H in lieu of payment of the repair cost or the borrowed money, etc.
[Criminal facts]
1. Fraud against victim I;
A. On October 12, 2001, the Defendant presented one promissory note issued in the name of the representative director H on the E’s name at the victim I’s house located in the Busan Young-guJ on the part of the defendant around October 12, 2001, and presented to the above victim one (bill number K, face value of KRW 11,00,000,000,000 on the date of payment, and February 10, 2002). The above victim would have to pay money to the above victim at a discount of the bill for the shortage of the operating funds of the Joseon-gu, Busan.
“.....”
However, the Defendant was well aware of the circumstances that it is difficult for the Defendant to settle the said promissory note normally, as the Defendant left the promissory note and the check in a state of financial standing to the extent that F is not able to fully repay the repair cost of million won at the time.
Nevertheless, the defendant deceivings the above victim as above and acquired cash 10,200,000 won from the above victim under the pretext of a bill discount.
B. On December 3, 2001, the Defendant issued one sheet of check number L, face value 12.5 million won ( check number L, face value 12.5 million won) at the place indicated above 1.A. and at the place indicated above H.