A defendant shall be punished by imprisonment for not more than ten months.

The application of this case by the applicant for compensation shall be dismissed.

Criminal facts

On August 21, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Daegu District Court on August 21, 2012, and the said judgment was finalized on August 23, 2012, and is engaged in primary wholesale business in Daegu-gu D with the trade name “E”.

Around September 2010, the Defendant stated in the above E that “The Defendant would pay 50% of the original amount in cash and the remainder in bills. The Defendant supplied 60,000 won per the original punishment (13.5%) to the victim F (the original manufacturer) who is the original manufacturer of the primary group. The original amount would be paid without a mold.”

However, in fact, the defendant's transaction obligation has been continuously accumulated at the time, and the defendant's outstanding obligation has been over KRW 1.9 billion, and the defendant's outstanding obligation is also in fact impossible to recover or is extremely low to recover, and there is no other property, so the defendant did not have the intent or ability to pay in cash 50% of the price or pay bills issued by the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, received an amount equivalent to KRW 223,280,000 from the victim, around November 6, 2010, and received from the victim a total of KRW 223,280,000 from the victim to July 13, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Part of statements C and F in the second police interrogation protocol against the accused;

1. Statement to C by the police;

1. Copies of books, or copies of promissory notes;

1. Previous convictions: Criminal history, investigation experience, violations of the Control of Illegal Check Control Act, judgment of violation of Acts and subordinate statutes and application of written judgments;

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. In the latter part of Article 37 and Article 39(1) of the Criminal Procedure Act, and the reason for sentencing, at the time of the instant case, the Defendant’s claim with little possibility of recovery while operating E.