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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2012, the Defendant told the victim E at a D office located near Seocho-gu Seoul, Seocho-gu, that “The Defendant would accept a discount on face.”

However, even if the bill is delivered by the victim, the defendant was thought to be used as a personal debt repayment, etc., and there was no intention or ability to pay discount to the victim by discounting the bill.

Nevertheless, the Defendant was immediately issued a copy of a promissory note, which was issued on July 10, 2012, at the face value of KRW 50,997,00,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements in the fourth trial records;

1. Statement on F in the suspect examination protocol of the accused by the prosecution;

1. Statement about F in each police interrogation protocol against the accused;

1. The application of Acts and subordinate statutes as a copy of a promissory note and a business registration certificate (Evidence record 28,29);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [special sentencing] [the scope of punishment] [the scope of recommending punishment] from January to one year (the decision of sentencing]. However, the execution of sentence is suspended by taking into account the fact that the victim agreed smoothly with the victim.