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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.
Reasons
Punishment of the crime
[Criminal Power] On May 13, 2011, the defendant was sentenced to one year of imprisonment, two years of suspended execution, and 120 million won of collection in addition to 10 million won in the Busan High Court for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.
9.7 The judgment became final and conclusive.
【Criminal Facts】
On December 2005, the Defendant presented one sheet of the check number F, payment date, and payment date of the check number of the issuance of Kimhae Trade Co., Ltd. to the victim E, who is a partner, at the “D office” office operated by the Defendant in Jung-gu Seoul, Jung-gu, Seoul, the Defendant presented to the victim E one sheet of the number of units per share (43,920,000 won), which is the National Bank of Korea, the drawee Co., Ltd., and said, “A discount of the number of shares per unit necessary for the payment of the balance of the white board of TV screen.”
However, even if the Defendant was at the discount of the per unit, he did not think that he would use the money in the payment of the balance on the TV screen, and the above per unit unit check was so-called “brupted area check”, and the first endorsement, “Company G and H” was also a forged endorsement.
As such, the Defendant, from December 15, 2005 to December 29, 2005, by deceiving the victim, received total of KRW 40,729,000 from the new bank account under the name of the Defendant, as shown in the crime list from December 15, 2005 to the same month.
Summary of Evidence
1. Legal statement of witness E and H;
1. Part of the statement of E in the police interrogation protocol of the accused;
1. The prosecutor's office and the police statement of E;
1. Copy of the number of shares per unit, a certified copy of the register, a memorandum of payment, and a new transaction;
1. Investigation report (in case of an issuer of the check number sheet, stock company, Kimhae Trade-related data);
1. Previous convictions: Determination as to the defendant's assertion of criminal records and investigation reports (the previous records and investigation reports);
1. The Defendant asserted that the Defendant introduced the victim to H by requesting the discount of the number of units of a company G upon the request of H, and that the victim did not demand the discount of the number of units of a company, and that the Defendant denied the charges by asserting that the above number of units of a company was a bbbbbbb check or that the endorsement was forged.
2. Determination.