A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2013 Gohap1182"

1. Around August 21, 2008, the Defendant made a false statement to the effect that, at the G office operated by the victim F, the victim F of the building 910 in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant would make payment on the due date if the Defendant borrowed the money at a discount rate of KRW 1,52 million at the face value of H Co., Ltd. (hereinafter “H”), the issuer of which is H Co., Ltd. (hereinafter “H”), and, at the same time, borrowed the money at a discount of the said bill, the Defendant would make payment on the due date.

However, the Defendant had been under construction around 2006 but did not receive the construction cost. Since H had no record at the time of the issuance of the said Promissory Notes, the Defendant was anticipated to be in default when the said Promissory Notes were presented for payment. Moreover, the Defendant had a financial obligation equivalent to KRW 10 billion at a national bank and a new bank, and the said Promissory Notes did not have any financial intent or ability to recover the said Promissory Notes due to the lack of any property.

Nevertheless, the Defendant deceiving the victim as above and received 13,3760,000 won from the victim's seat.

2. On September 30, 2008, the Defendant made a false statement to the effect that, at the above G office of the said G company, the Defendant would make a settlement by November 30, 2008, if the Defendant loans money in the manner of discounting the above check number at a discount of KRW 247.2 million (the check number J, No. 30, Nov. 30, 2008, the date of issuance of the check number J, No. 30, Nov. 30, 2008).

However, on the grounds of Paragraph 1, the Defendant was expected to be in default if the check is presented for payment, and there was no intention or ability to recover the check.

Nevertheless, the Defendant, as above, by deceiving the victim, received 232,368,00 won from the victim.

3. On October 1, 2008, the Defendant around October 1, 2008: (a) at the G office of the said G office, the issuer KRW 213 billion.