Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.

Punishment of the crime

[2013 Highest 3489]

1. Defendant A

A. On February 8, 2012, the Defendant: (a) received request from G Co., Ltd.’s office located in Seocho-gu Seoul, Seocho-gu, to request the said Co., Ltd. to discount promissory notes issued by the said Co., Ltd. from B; and (b) obtained a promissory note (J) issued by H to the said Co., Ltd. on February 8, 2012, after hearing the phrase “if it is possible for the said Co., Ltd. to use the promissory note at discount to repay H’s obligations to I, the Defendant may receive a discount of KRW 200 million at the face value” from H; and (c) obtained a delivery of a promissory note (J) issued by the said Co., Ltd. of KRW 200 million at the face value of B around February 8, 2012.

On February 9, 2012, the Defendant presented the said promissory note to the victim I at “L control point” located in K in Gangnam-gu Seoul, Seoul, and falsely stated that “The Defendant would settle KRW 200 million on April 17, 2012, on the face of the principal payment date, at the L control point, after deducting the amount of KRW 50 million from the amount of claims against H at the discount of this bill.”

However, the Defendant was expected to arbitrarily use approximately KRW 100 million out of the discount amount of a promissory note paid by the victim, and there was no need for the Defendant to use KRW 50 million out of the discount amount of the said promissory note as H’s debt repayment. Therefore, there was no possibility that B would normally settle the said promissory note, and there was no intention or ability for the Defendant to pay the said promissory note.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 138 million from the victim, deducting KRW 50 million from H’s debt discounts of KRW 188,000,000,000,000 for the said promissory note discount around that time.

B. As stated in the preceding paragraph, the Defendant was requested to discount promissory notes from the victim B, and received KRW 138 million from I under the pretext of the discount of promissory notes, and kept them for the victim at that time.