A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant is a person who operated the gold-type chain “C” from around 2007 to around 2017, located in Daegu-gu B, etc.

On July 2015, the Defendant called, at the office of the above company, that “The Defendant shall lend money to the victim as security. If the Defendant lends money after deducting 2% of the monthly amount of credit of an electronic bill as interest to the advance interest, he shall be paid the amount of the electronic bill after receiving a settlement on the due date of the maturity of the electronic bill,” and sent photographs of the electronic bill (the bond amount of KRW 20,900,000, and December 25, 2015) to the victim.”

However, in fact, the “C” operated by the Defendant was under business difficulties for several years, and the Defendant thought that the electronic bill offered as security to the victim was used as the operating expenses of the company by borrowing money or with the discount of bills from the other party, and thus, there was no intention or ability to pay money to the victim even if the maturity date of the electronic bill was due.

Nevertheless, the Defendant, by deceiving the victim as above, received 18,574,000 won from the national bank account (F) in the name of A (C) around July 16, 2015 from the victim as the borrowed money. From that time until February 25, 2016, the Defendant acquired the electronic bill as collateral 179,882,250 won from the total amount of 13 times until February 25, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (the sequence 7, 13, 18 of the evidence lists);

1. Application of Acts and subordinate statutes on the photograph of electronic bills, copy of passbook, loan and details of repayment, and each account transaction;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent crimes, the amount acquired by the Defendant from the victim exceeds KRW 170 million and the Defendant’s assertion is based on the following: (a) the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act exceeds KRW 179 million.