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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[Basic Fact-finding] On March 16, 201, the Defendant offered a promissory note, which was issued by the Defendant, as a collateral for the said borrowed money, on February 28, 2012, on the charge of taking advantage of the above borrowed amount of KRW 195 million on March 16, 2017, which was in a business relationship with B (State) around December 5, 201, on the charge of taking advantage of the above borrowed amount of KRW 195 million,000,000,000,000 as the borrowed money from the victim D, who was charged for fraud, and (i) borrowed the bill number F, face value, KRW 20,000,000,000 from the victim D, who is the E representative director, and (ii) offered a promissory note, which was issued by the victim on September 17, 2012, to present the said Promissory note as collateral for the said borrowed money.
[Criminal facts]
1. On March 31, 2013, the Defendant: (a) presented a promissory note with a face value of KRW 100 million at H bank around March 29, 2013, which was not repaid; (b) but failed to raise funds for the settlement of a promissory note; (c) made a false statement by phone call to the victim, stating that “The 100 million won loan certificate was prepared and borrowed with a face value of KRW 100 million, which would prevent the Defendant from taking an unconditional responsibility.”
However, in fact, since around 2011, the Defendant had no intention or ability to pay the amount promised even if he/she borrowed money from the damaged party due to the absence of any particular personal property.
Around April 2, 2013, the Defendant: (a) by deceiving the victim; and (b) obtained pecuniary benefits that exempt the victim from the obligation to pay 100 million won of promissory notes for the settlement of bills by receiving KRW 100 million from the I Bank Account (J) in the name of the State E; and (c) using the promissory notes for the settlement of accounts.
2. In that the Defendant commits an I Bank in the Daegu Suwon-gu K on December 29, 2014, the victim who failed to receive the repayment of the borrowed amount is above the face value around December 26, 2014.