Text
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 2015, the Defendant called “to discount electronic bills of the amount equivalent to KRW 4 billion in E Co., Ltd. at the discount of electronic bills issued by the limited partnership company C at the office of mutual infinite manpower market near Seo-gu Incheon, Seo-gu, Incheon at the end of November, 2015, the Defendant called “to immediately pay KRW 2.8 billion in the face of endorsement at the face of endorsement within three hours in the name of E Co., Ltd.”
However, in fact, the Defendant did not have received the promise of the above contents from the company subject to discount of the bill, and even if he received the endorsement of the electronic bill as above from the victim, he did not have the intent or ability to pay 2.8 billion won at the discount of the bill to the limited partnership C.
Nevertheless, the Defendant, through D, made the victim make a false statement as above, and caused the victim to endorsement of 20 billion won in total at par value as shown in the attached list of crimes on November 24, 2015, in the future of E Co., Ltd., E Co., Ltd., thereby having the E Co., Ltd acquire it.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. The prosecutor's statement concerning B;
1. Each police interrogation protocol of F, G, and H (including the substitute part);
1. Each police statement made to I and J;
1. Details of the inquiry into electronic bills and of the endorsement of electronic bills;
1. A fact-finding certificate;
1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of details of distribution of electronic bills submitted by theC company), investigation report (suspect A postal service submission contract);
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (2) and (1) of the Criminal Act concerning the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Defendant 1 of Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is suspended of execution.