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A defendant shall be punished by imprisonment for not less than one year and six months.
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 27, 2009, the Defendant was sentenced to 8 months of imprisonment and 1 year of suspended execution due to a violation of the Illegal Check Control Act in the Daejeon District Court's branch court. On April 14, 2010, the above judgment became final and conclusive.
1. On February 15, 2008, in the D office operated by the Defendant on February 15, 2008, the Defendant issued and delivered to the victim E a check number “F”, “F”, “10 million won at face value”, and “F”, “F”, “F”, “F”, and “F”, “F date”, and “F date on June 25, 2008” to the victim E by issuing a check number.
However, at that time, D’s debt ratio of KRW 1,00,000,00 of total debt amount of KRW 1,264,442,190, total capital amount of KRW -168,034,143 as of December 31, 2007 due to the aggravation of management status of D’s capital, and the debt ratio of KRW 1,000,000,000,000,000,000,000 were offered as security in sequence to Han Bank and YF in order to secure debts worth approximately KRW 1,220,000,000,000,000,000 won as of December 25, 2007. Ultimately, the above debt ratio of KRW 1,264,442,190,000,000,000,000,00 per loan was paid, or there was no capacity to pay the loan amount per share even if it was issued from the victim due to loan.
The Defendant, as such, by deceiving the victim, received 95 million won from the victim, after deducting interest from the face value of the check from the Defendant on the same day under the name of the victim, and acquired 10 million won at face value of the check by fraud.
2. On March 25, 2008, the accused of fraud is the same as the preceding paragraph of March 25, 2008.