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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
1. On March 12, 2012, Defendant A, at the “F office operated by the Defendant of Dong 10, Dong 1001, Dong 1001, Dong 10, Dong 100, the Defendant made a false statement to the victim B, stating, “The Defendant would make a discount by requesting another person to pay KRW 40 million, KRW 40,000,000, KRW 1 and KRW 30,000,000, KRW 1 and KRW 30,000,000, KRW 1 and KRW 40,000, KRW 1 and KRW 40,000.”
However, even if a promissory note is received from the victim, there was no intention or ability to return the amount of the face value or discount the amount of the promissory note requested for discount because it was intended to use it to pay the Defendant’s obligation to the Defendant’s friendship or to repay the obligation to H and I companies.
As such, the Defendant, by deceiving the victim, received from the victim a promissory note with a face value of KRW 40 million, i.e., a promissory note with face value of KRW 40 million (J) and a promissory note with face value of KRW 40 million (K) and a promissory note with face value of KRW 30 million (bill number: L).
2. Defendant B
A. At around 13:00 on August 22, 2012, the Defendant drafted a false complaint against the victim with the aim of having the victim A receive criminal punishment at the “N” office of the fourth floor of the Seocho-gu Seoul Metropolitan Government M buildings.
The accusation statement states that “A, the Defendant’s address, who is the Defendant, forged or exercised a promissory note with the same serial number as a promissory note, the face value of which is KRW 10 million, the J of Bill No. J, the issuer N (RepresentativeO), the issue date of which is March 12, 2012, and the due date of which is August 22, 2012,” and the fact that the victim did not use the said promissory note with the forgery of it.
Nevertheless, at around 14:00 on August 22, 2012, the Defendant submitted a written complaint to the public service center of the Defense Police Station located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, and rejected the victim.
B. The Defendant around 14:00 on August 31, 2012, the fourth floor of Seocho-gu Seoul Metropolitan Government Mbuilding 427.