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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant A, “2013 Highest 6021,” is a person who operates D Co., Ltd. which is engaged in construction machinery contracting, leasing, etc., and Defendant B is a person who runs E Co., Ltd. which is engaged in trucking transport business.
The monthly sales amount of the above E is more than 400 to 5 million won, and there was no proper revenue if the operating expenses of the company were excluded from the sales amount. Thus, even if a promissory note was issued in the name of the above E, Defendant B did not have the intent or ability to settle it at the payment date. The above D did not pay 20 million won as employee's wages, and it did not pay 100 million won per month as company's liabilities have occurred. Thus, Defendant A did not have the intent or ability to pay the amount of the promissory note issued in the above name on behalf of Defendant B.
1. On October 19, 2012, Defendant A committed the crime: (a) on or around October 19, 2012, to G, a general president of the Victim FF Co., Ltd., “B will offer two copies of the Promissory Notes issued by E Co., Ltd., run by his father, who would make a payment at the date of payment.” (b) Defendant B had two copies of the Promissory Notes (H, I) with the face value of KRW 50 million issued by E Co., Ltd.; and (c) Defendant A issued two copies of the Promissory Notes to the victim.
As a result, the Defendants conspired to deception the victim and issued a promissory note with the face value of KRW 50 million issued by the Incheon Indones Co., Ltd. and a promissory note with the face value of KRW 50 million issued by the Seoul Indones Co., Ltd.
2. On November 21, 2012, Defendant A made a false statement to G (i.e., Paragraph 1) that “I will give one bill issued by E Co., Ltd. run by his father, the principal father, who intends to obtain a loan of funds, will make payment at the date of payment.” Defendant B will make payment to Defendant A.