Text
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. On October 8, 2012, the Defendant issued four copies of the check (number C, D, E, F) of KRW 3 million from the victim’s four copies of the check, stating that “The Defendant would immediately deposit KRW 10,800,000,000, excluding the face value of KRW 12,000,000,000,000 in the parking lot within the 2nd office of Gyeonggi-do, which is located in the Kuo-dong Office of Government-si, Gyeonggi-do.”
However, at the time, the Defendant had no ability or intent to pay the money at a normal discount even if the said check was issued, since the bill was in default on a deferred basis and the bill was repaid in a manner that prevents the return of the discounted amount of the bill or check.
After all, the Defendant, as above, by deceiving the victim, received four copies of the check equivalent to KRW 12 million from the victim, and fraudulently acquired it.
2. At around 14:00 on November 12, 2012, the Defendant issued one copy of promissory note (bill number J) with the victim’s right to KRW 13.5 million by saying, “The Defendant would immediately pay the victim I in cash, excluding the face value of promissory note equivalent to KRW 13.5 million.”
However, at the time of the receipt of a promissory note as above, the Defendant had already been in default of payment on a deferred basis, and the Defendant paid the discounted amount of a bill or check in a manner that prevents the return of the discounted amount of the bill or check. Thus, even if the promissory note was delivered, the Defendant had no capacity or intent to pay the money at a normal discount, and received the said promissory note as above, the Defendant again requested the other companies to pay the discounted amount,
After all, the Defendant, as above, by deceiving the victim, received a letter of promissory note amounting to KRW 13.5 million from the victim and acquired it by defrauded.
Summary of Evidence
1..