A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant was a person who operated D Co., Ltd. in Chuncheon City, and was supplied with building materials from victim F operating E, a building material supplier.

On August 12, 2010, the Defendant stated, at the office of the said D Co., Ltd., that, “The Defendant would pay the amount of the Promissory Notes within the due date,” the Defendant would pay the amount of the Promissory Notes in lieu of the payment of the previous attempted amount of KRW 10 million,00,000,000, as the Promissory Notes will be issued with the face value of KRW 50,000,000.”

However, the above D Co., Ltd. bears approximately KRW 400 million at the time, and even if the construction business continues to run due to the aggravation of financial standing, it was accumulated only by the deficit. Therefore, even if a promissory note is issued to the victim and money were to be loaned, it did not have the ability to pay the amount properly within the due date, and the Defendant was well aware of such circumstances.

Nevertheless, the Defendant, as such, delivered to the victim a letter of promissory note with the face value of KRW 30 million on November 13, 2010 on the same day, and a letter of promissory note with the face value of KRW 20 million on September 13, 2010 on the date of payment on September 13, 2010, respectively, and acquired KRW 24,740,000 from the victim’s account under the name of the Defendant on August 16, 2010, and acquired KRW 17,276,000 from the account under the name of D on September 13, 2010, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of G;

1. Investigation report (to be accompanied by data submitted by a complainant);

1. Application of Acts and subordinate statutes to criminal investigation reports (attached to materials submitted by suspects);

1. Relevant Article of the Criminal Act as to the crime and Article 347(1) of the Criminal Act’s reason for sentencing [decision of a sentence] Fraudulent crime, general fraud, and Type 1 [Special Convict]: None [decision of the recommended area] basic area, the term of imprisonment with prison labor for not less than 6 months, but not more than 1 year and 6 months [standard for suspension of execution].