beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around May 25, 2009, the Defendant said that “The Defendant would make a monthly payment to the victim C at the (State) E office located in Ssung-si, the Defendant would offer to the victim C a promissory note with a face value of KRW 33,200,000, which was issued at the (State) new port delivery, as a security. If the Defendant borrowed KRW 30,000,000,000, the due date of the bill, to make a full payment by August 25, 2009.”
However, the above (State) Promissory Notes issued in the delivery of new ports is not a bill acquired by the Defendant from a business entity in a normal commercial transaction, but a bill purchased from an irregular business entity with a maturity of two million won, and thus, it is difficult to pay due to the maturity date. In addition, the Defendant did not have the intent or ability to repay the bill even if he borrowed money from the victim because it is not proper to operate the business at the time and is not good due to gambling, etc.
The Defendant, by deceiving the victim as such, received KRW 20,00,000 from the Namyang Agricultural Cooperative near the above office on the same day, and continued to receive KRW 10,000,000 in total from the above office four times until July 2009, and acquired KRW 30,000,000 in total.
2. The point of fraud against the victim F;
A. On April 2010, the Defendant: (a) at the HP management office located in Yangcheon-gu Seoul Metropolitan Government G, stated that “The Defendant received a promissory note, which is 54,000,000 won per face value, from the down payment for the construction work, from the victim F. If the Defendant borrowed KRW 48,00,000 after deducting the interest of KRW 6,000,000, which is to be paid as security, from the down payment for the bill; and (b) if cash is prepared within the said office, the payment will be made on the due date for the bill; and (c) if the bill is collected, the amount of the loan will be repaid and the bill will be recovered.”
However, the above promissory note is not a bill acquired as a down payment for construction work, but a bill purchased from an irregular business operator at 2 million won, and it is a prompt name brupted bill with little possibility of settlement on the maturity date, and the defendant also has the business at the time.