A defendant shall be punished by imprisonment for six months.

However, 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. On January 2009, the Defendant stated that “The Defendant would collect the check amount or have the check amount repaid within the due date after receiving a discount in cash, if the Defendant lent one copy of the check amount which caused 25 million won to the victim, even if the Defendant borrowed the check amount from the victim C even if he/she used the check amount, the Defendant would not have any economic ability to pay the check amount.”

Accordingly, the Defendant received from the victim one copy of the per unit (the date of issuance on May 20, 2009, and May 20, 2009 on the date of payment proposal) which was issued in the name of limited liability company D (representative C) from the victim and acquired them by deceit.

2. On January 2009, the Defendant, despite the fact that the check amount was used at the same place as that stated in the preceding paragraph of the Warman, was not sufficiently capable of paying the check amount even if the Defendant lent the check from the victim C, the Defendant falsely stated that “If the transport accident agreement amount is necessary and the check is used at a cash discount, the Defendant would collect the check amount or pay the check amount within the next payment date after using the check amount at a cash discount.”

Accordingly, the Defendant obtained from the victim one copy of the per unit (the date of issuance on April 25, 2009, and April 27, 2009 on the date of payment proposal) of the face value of five million won per unit (5 million won per face value issued in the name of a limited liability company D (representative C) from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written complaint filed by C;

1. Investigation report (E telephone conversations), investigation report (report accompanied by the judgment in relation to C which is the complaint) and investigation report (related to search and seizure warrant and reply);

1. The application of Acts and subordinate statutes to the photograph of five million won check, a copy of five million won check, a copy of 25 million won check, and a copy of the check of each unit;

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