A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a representative director of C Co., Ltd (hereinafter referred to as “instant company”) located in the population B in Young-si, and the victim D is a person who operates F in the population E in Young-si.

The Defendant, from around September 2009, had a large amount of promissory notes received from customers due to difficulties in the financial situation of the instant company due to the default on payment, etc., and from early April 201, 201, the Defendant had the mind to apply for corporate rehabilitation with respect to the instant company. Therefore, even if the Defendant had the intent to discount promissory notes from the victim and received money from the victim for the purpose of discount of promissory notes, he did not have the intent or ability to normally pay the amount on the payment date.

1. On January 14, 201, the Defendant: (a) around January 14, 201, through G, a company employee of the instant F office, at the foregoing F office around January 14, 201, agreed to grant a discount of promissory notes, stating “H, 43,00,000 won,” and “A representative director of the issuer C Co., Ltd., Ltd.,” to the victim via G, a company employee of the instant F office.

The Defendant was transferred 40,172,603 won to the Defendant’s account under the pretext of the discount of bills from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around March 17, 2011, the Defendant, through the above F Office around March 17, 201, agreed to discount promissory notes, stating “I, 43,000,000 won,” and “A representative director of the issuer C Co., Ltd., Ltd.,” to the victim via the above F Office, on the following occasions: (a) around March 17, 201:

The Defendant was transferred 41,303,000 won to the Defendant’s account under the pretext of the discount of bills from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

3. On April 8, 2011, the Defendant committed the crime at the above F office around April 8, 201, changed the discount of promissory notes, stating “B/L number 35,00,000,000, and the due date for payment,” to the victim via the said G at the above F office.