A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 14:00 as of June 2015, the Defendant issued to the victim a promissory note (E) dated November 5, 2015, at the C office located in Tong Young-si B, stating to the effect that “The Defendant would give the victim D an endorsement at a discount on the Promissory Notes, and make settlement on the due date.”

However, the defendant did not have any intention or ability to settle a promissory note even if the victim made an endorsement on a promissory note and received a discount.

The defendant deceivings the victim as such and causes the victim to be subject to such deception.

7.1. Having made the said Promissory Notes endorsed, the said Promissory Notes shall be discounted at a point in the territory of an enterprise bank, in a fixed-term manner, and shall be given by the victims a discount of KRW 19.6 million.

Accordingly, the defendant had the victim bear the guarantee liability equivalent to KRW 20 million, and he has earned the same amount of profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the range of recommending punishment] provided for in the category 1 (less than 100 million won) and the mitigation area (one month to one year) (special mitigation person] provided for in the provisions of Article 1 of the General Fraud Act, or where considerable damage has been recovered;

2. The defendant's specific reasons for sentencing reflects his/her mistake, pays 6 million won to the victim who has repented, and promises to repay the remaining 14 million won to the victim later (the submission of the agreement dated November 3, 2016). It is so decided as per Disposition by the defendant on the grounds that he/she has no criminal record for the defendant, and that he/she has no criminal record for the defendant, by taking into account the defendant's age, character and conduct, circumstances leading to the crime, means and consequence, the circumstances after the crime, etc., and by taking into account the sentencing conditions under Article 51