A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 30, 2010, the Defendant issued a bill in the name of the general construction committee in the name of the project for the supply of goods to the victim B, and received the bill in the name of the general construction committee in the name of the project for the supply of goods from the outside market. On August 4, 2010, the Defendant issued the bill to C and received 34 million won for a discount.

On September 2010, the Defendant told the victim of the defect that the victim should recover the said bill, stating that “The Defendant would recover the bill if he/she knew of the holder of the bill because he/she had known of the fact that the victim should recover the bill.”

However, the defendant did not have any intent or ability to return the bill, even if he received money from the injured party as a repayment of the company's obligation or operation fund, because he thought that he would use the money from the injured party as a repayment or operation fund.

Around October 5, 2010, the Defendant deceivings the victim as above and received 20 million won from the corporate bank account under the name of the Defendant to the corporate bank account in the name of the Defendant, and 10 million won around November 18, 2010.

Accordingly, the defendant deceivings the victim, thereby deceiving 30 million won.

Summary of Evidence

1. A protocol of examination of the suspect against the accused by the prosecution (including the substitution of the suspect);

1. A protocol concerning the examination of the suspect of each police officer against the accused (including the substitution of the accused);

1. A protocol concerning the examination of suspect with regard to C by the police (including substitution of a suspect);

1. Statement made by the prosecutor with respect to B;

1. The details of each judgment, lease contract, note, statement of execution of discount of bills, statement of transaction by account, statement of discount of bills, and account;

1. Investigation report ( telephone conversations with D Company E);

1. Investigation report ( telephone communications with the president of the F Company);

1. Investigation report (verification of addition to the contents of the relevant case);

1. Investigation report (report accompanied by the judgment and the warrant of non-prosecution);

1. Investigation report (report accompanied by a tax invoice, etc. submitted by an appellant), tax invoice, and a statement of transactions;

1. Application of Acts and subordinate statutes to a complaint, a business registration certificate, a copy, and a tax invoice;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 (1) of the Criminal Act of the choice of punishment.