A defendant shall be punished by imprisonment for not less than two years and six months.

[Attachmentd] No. 2016 Highest 1311 of this Court and No. 2016 Highest 2134.

Punishment of the crime

[2016 Height 1311]

1. On July 8, 2014, around July 2014, the fraud Defendant made a false statement to the victim C, stating, “The 4 vehicles shall be purchased by telephone at an irregular place. The 4 vehicles shall be transferred immediately after delivery.”

However, the defendant did not have any particular economic ability, so even if he purchases four vehicles from the victim, he did not have the intention or ability to pay the price.

On July 8, 2014, the Defendant received four vehicles from the victim in Daegu-gu, Daegu-si, the market price of which is equivalent to KRW 12.4 million from the victim.

2. On October 6, 2014, around October 2, 2014, the fraud Defendant made a false statement to the victim E employee F Co., Ltd. that “I wish to purchase 26 bills. I wish to purchase 26 bills. I would, because there is no cash, leave (ju) G issuance of HH promissory notes to E to guarantee the purchase price for bicycles. I would find a bill after paying bicycle bills in cash until the mid-term order of November 2014.”

However, in fact, the Defendant did not have any particular economic ability, and the above bill was forged by a forged bill distribution book, and the Defendant was aware of the forgery of the above bill, and the Defendant affixed a rubber name plate stating the name of the company that did not exist as “I” in the endorser column of the above bill and the other company business operator number was affixed with the rubber name. As such, the victim company could not receive the bicycle price through the above bill. Rather, the Defendant did not know that the above bill was forged by the “IJ” and did not receive the bill as the payment for the goods in the course of the transaction and did not intend to escape the payment for the goods. Therefore, the Defendant did not have any intent or ability to pay the bicycle price to the victim.

The Defendant issued a forged promissory note to the victim company on October 5, 2014, and around October 6, 2014, the market price is 2.0% from the victim company.