A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

[2013 Highest 2645] On June 23, 2006, the Defendant stated that the “F” office of the Defendant’s operation of the Jung-gu Seoul Special Metropolitan City E building 307, the issuer G, the face value of KRW 35 million, the due date, October 23, 2006, the Defendant stated that the Victim H who found the Defendant would be subject to a discount of one promissory note, which is located on October 23, 2006, shall be entrusted with one more of the promissory notes equivalent to the same amount as security, and the said note shall be kept until he has paid the money.”

However, even if a promissory note is delivered by the victim for the purpose of collateral, the Defendant did not think of the victim to keep the promissory note until the victim repays the amount of the promissory note. Moreover, even if the promissory note is distributed, there was no particular property at the time, and there was no intention or ability to repay the amount within the due date.

As a result, the Defendant received from the victim a copy of a promissory note on October 13, 2006, which was issued by the issuer G, face value 35 million won, and due date.

[2013 Highest 6818] The Defendant, while engaging in transactions with I which are discounted by B/L with I, pretended that B/L issued and H issued and H issued were acquired through normal transactions and that B/L was acquired through normal transactions, with the aim of resolving the default on payment by B/L, and that B/L was received by B/L with the intent of resolving this.

On March 15, 2006, the Defendant borrowed from L one promissory note, “The issuer J, J, M of Promissory Notes, face value 48,00,000 won,” from L via L, and affixed the seal of the representative director of N Co., Ltd. under the name of N Co., Ltd., which I actually operated on the back of the said promissory note, as if it were acquired through normal transactions with J, and then delivered it to the Defendant. The Defendant was the victim of Gangseo-gu Seoul Metropolitan Government P around that time.