A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud against victim E is acquitted.

Punishment of the crime

[criminal power] On October 27, 2008, the Defendant was sentenced to two years and six months of imprisonment with prison labor for special larceny, etc. at the Seoul East Eastern District Court on April 29, 2010 and completed the execution of the sentence at the Seoul Eastern District Court on April 29, 2010. On May 16, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul East East East East East East District Court, and became final and conclusive on September 3, 2012.

【Criminal Facts】

1. Fraud;

가. 피해자 F에 대한 사기 (1) 피고인은 2010. 11. 1.경 서울 중구 태평로1가 31에 있는 서울시청 인근 상호불상의 다방에서 피해자에게 ㈜쎄부 발행의 액면금 2,650만 원권 약속어음 1장(G, 지급기일 2011. 3. 29.)를 교부하면서 “어음을 줄테니 할인을 좀 해 주고, 경비조로 돈을 빌려 달라, 만약 어음이 부도가 나더라도 즉시 돈을 갚겠다.”라고 거짓말을 하였다.

However, at the time, the defendant did not have an intention or ability to pay the amount normally even if he borrowed money or receives a bill discount from the victim, such as the amount of personal obligation due to the failure of business exceeds KRW 1.2 billion, while there is no particular property.

Accordingly, the defendant deceivings the victim as above and receives 300,000 won in cash from the victim under the pretext of the loan on November 1, 2010, and the same month under the same name.

3. Upon receipt of a transfer of KRW 100,000 to the Defendant’s account, the sum of KRW 7,400,000,000 was received from the Defendant’s agricultural bank account under the name of the Defendant for the purpose of a bill discount around the 8th day of the same month

(2) On January 7, 2011, the Defendant issued to the victim a promissory note with a face value of KRW 22,500,000 (I and the due date April 15, 201) in the name of the Plaintiff at the same Down, and falsely concluded that “The Defendant would make a settlement of the said KRW 7 million on the face of a bill at the discount of the bill, and make it possible to use the bill to operate the bill by a party, two copies of the bill each month.”

However, the facts are that the defendant has no specific property at the time, and the personal debt is approximately KRW 1.2 billion due to the business failure.