A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 25, 2012, the Defendant was sentenced to four years in Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on November 13, 2012.

While the Defendant decided to take over E Co., Ltd. (hereinafter “E”) with the representative director in Ischeon-si, and recruited the acquisition price, the Defendant falsely stated, around November 2007, that “If he/she borrowed KRW 300 million, he/she would pay KRW 60 million, which is the date of the payment of a promissory note, to H, the relative of the victim G, through F, for checks, who is the relative of the victim G.”

However, as at the time, E had net losses of approximately KRW 39.3 billion, and the company’s total liabilities exceeded KRW 11 billion, etc., the total assets were completely capital potential. Therefore, even if a promissory note was issued under the name of E, the Defendant was not able to pay the amount of the promissory note on the payment date, and there was no intention or ability to pay KRW 600 million on the agreed date.

On November 26, 2007, the Defendant, by deceiving the victim through F and H, issued to the victim I of E and one promissory note causing KRW 600 million for face value to check at the parking lot for the small apartment in the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu. Around November 26, 2007, and received three copies of three cashier's checks of KRW 100,000,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. E business explanation and investment proposal;

1. Copies of promissory notes, certificates of issuance of bills, and minutes of the board of directors;

1. Audit report by an external auditor;

1. A duplicate, check copy, etc.;

1. Court rulings;

1. Before judgment: Inquiries into inquiries, written judgments, application of investigation reports (related to the date on which judgment becomes final and conclusive) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing in the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act shall be acquired by deception.