A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 24, 2012, the Defendant was sentenced to a suspended sentence of ten months for embezzlement at the Daegu District Court on October 24, 2012, and the said judgment became final and conclusive on September 1, 2012, and on May 16, 2013, the Daegu District Court sentenced one year and two months to imprisonment for fraud, etc. and became final and conclusive on the same day.

On September 26, 2011, the Defendant made a false statement to the effect that the Defendant, who is in Daegu-gun District Court C, would make a settlement of promissory notes at the office of the Defendant, a representative director, through F, the same student E, of the victim E, three months after the date of discount.

However, the fact that from the end of December 2010, the company was in excess of its obligation and experienced serious business difficulties, and the monthly payment for other goods and employees was not timely made. Therefore, even if the bill is discounted from the victim, there was no intention or ability to settle the bill on the date of settlement.

As such, the Defendant, by deceiving the victim, provided 49,50,000 won of promissory notes (bill number G) with face value of 49,50,000 won, and took over KRW 44,50,000 of the discount of notes from the victim to the agricultural bank account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Copies of promissory notes;

1. Details of transactions for entry and withdrawal;

1. Previous records before ruling: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are discounted at a bill with no possibility that the defendant would settle, and the defendant company did not honor the defendant, and the amount of fraud is a certain amount of 44.5 million won, and the damage is not completely recovered. It is fair in the case where the defendant has a child to support and has been tried at the same time as the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and is against the victim.