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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
Defendant
A on November 19, 2009, the Busan High Court sentenced two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and three years of suspended execution, which became final and conclusive on November 27, 2009.
Since from around 2002, the Defendant was unable to issue and pay to F a promissory note of KRW 35,00,000 in excess of the amount of KRW 185,00,000, such as the issuance of a promissory note of KRW 180,000 to G, and the Defendant was in excess of the amount of KRW 700,000,000 to H, as the Defendant was in the Plaintiff’s name of the wife C, and the Plaintiff was unable to pay the amount of KRW 11,00,000 in excess of the amount of KRW 11,00,000,000, in spite of the existence of the obligation to pay the amount of KRW 11,00,000 to J.
Around 10:00 on May 6, 2008, the Defendant made the victim’s phone calls and made the Defendant make a false statement to the effect that “The Defendant: (a) there is a need to pay the amount; (b) there is a demand to pay the amount at a discount; and (c) there is a demand to pay the amount at a discount; and (d) there is a demand for the victim to deliver to the victim one copy of a promissory note “the issuer (owner) D representative director C; (b) the due date on August 16, 2008; (c) the face value of KRW 110,000,000; and (d) the serial number L” at a discount amount of KRW 102,70,000 remaining after deducting the amount of KRW 7,30,000 from the victim.
Around 11:00 on June 17, 2008, the Defendant had G make the victim make a false statement by the same method, and around that time, the Defendant issued to the victim one promissory note of the issuer (owner) D representative director C, payment date on November 8, 2008, par value of KRW 110,000,000, face value of KRW 10,300,000, and Promissory Notes M, and received a delivery from the victim as the discount of the amount of KRW 99,70,00,000 after deducting the interest of KRW 10,30,000 from the victim.
Accordingly, the defendant acquired a total of KRW 202,400,000 from the victim on two occasions.
(i) the evidence;