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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
On October 14, 2008, the Defendant, at the office of the victim C Co., Ltd. located in Cheongdo-gun, Cheongdo-gun, Cheongbuk-do-gun, said that “C issued two promissory notes in which it is anticipated that it would pay the amount at a discount on the face of a week” to D at the time.
However, even if a promissory note is discounted, the defendant did not intend to pay the amount to the victim.
The Defendant, by deceiving D as above, received two promissory notes from D (each issuer’s “C representative director D”, “E”, “F”, “payment date”, and “50 million won” respectively). After receiving discount from G and H respectively, the Defendant received KRW 40 million in total, and then did not pay the said money to the victim.
Summary of Evidence
1. Statement of the police officer to I;
1. Application of statutes on copies of promissory notes;
1. According to the relevant legal provisions on criminal facts and the sentencing guidelines for sentencing under Article 347(1) of the Criminal Act, the instant crime constitutes type 1 (less than KRW 100 million) among the general frauds of the defrauded group, and the scope of the recommendation is from June to June (basic area).
In 2008, the defendant is sentenced to punishment for the defendant, since he/she did not pay for the damage even though he/she acquired two promissory notes from the victim.
It is so decided as per Disposition for the above reasons.