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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 5935] Defendant A is the injured party as if it would be settled on the due date, even though, around September 2012, 2012, Defendant A predicted the injured party H to refuse to pay the face value of KRW 50 million of the issuance of I Co., Ltd. through G from F in the E-si city E-si around 201, Defendant A is the injured party as if it would be settled on the due date, and this is the injured party’s promissory notes (bill number J, 2-dong branch offices of our bank, payment date, December 27, 2012) with a discount of KRW 50 million from the injured party on the face value of the issuance of I Co., Ltd. (bill number J, 2-dong branch offices of our bank, payment date, and December 27, 2012).
9. A around 28.20 million won was remitted to an enterprise bank account in the name of the defendant A.
As a result, Defendant A deceiving the victim and acquired the property of the victim.
[2013 Highest 5938] Defendant B was aware of the fact that, around April 2012, K, which acquired I Co., Ltd. on credit from L, took over the said company from L and bears the remainder of KRW 200 million, as well as that, around April 2012, K, which was issued in the name of the said company, was unable to pay the amount of the bill from the said company, due to its lack of financial capacity to the said company, such as the first default of payment, etc.
Nevertheless, around May 2012, Defendant B agreed to carry out the same work on the condition that the construction work will be carried out by discounting promissory notes issued in the name of the said company by K and Defendant B.
Defendant
B Even if a promissory note is discounted under the name of the above company due to the absence of any particular property or income, there was no way to pay the amount of the promissory note under the name of the above company, except for the return of the promissory note discount. However, on June 2012, the Defendant A, who became aware of the date of payment through M, who was a business partner, was the first patrolman, shall request the said company to discount the amount of KRW 30 million issued in the name of the above company and KRW 25 million.