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1. The defendant shall be punished by imprisonment for eight months;
2. The defendant pays 73,900,000 won to the applicant for compensation.
3. The foregoing.
Reasons
Punishment of the crime
On February 5, 2010, the Defendant was sentenced to imprisonment with prison labor in Busan District Court for fraud, etc., and the judgment on February 13, 2010 became final and conclusive.
On July 31, 2008, the Defendant requested the victim C to discount a promissory note amounting to KRW 20 million at the HH value of G issuance of the F company G at the office of Kimhae-si around July 31, 2008, and falsely stated, “The issuer is a customer within the issuer. It is not known whether the settlement is a strong company.” The settlement shall be in charge of internal affairs.” The Defendant received KRW 18,400,000 from the victim, namely, at a discount rate of KRW 10 million at the same place, at the same time and at the same time as on August 1, 2008, received KRW 9,200,000 at a discount rate of KRW 10 million at the I’s face value, KRW 2 million at the same time and at the same place as on August 14, 2008, KRW 9,300,0000 at a discount rate of KRW 2 million at the same time and at the same place as on the same amount of KRW 8 million at the same price.
However, the above bill is a financing bill issued without any cause, and the defendant and the operator of the FF company, who is the actual issuer, thought that M would use it to repay other debts with the money received at discount of the above bill. At that time, the above M was engaged in financing only on the discount of the financing bill because the F company's operational situation was very difficult, and the defendant was immediately higher than the repayment of debts under the circumstances where a large amount of debts equivalent to 200 million won is owed, and therefore, the above bill did not have an intention or ability to pay the above bill normally on the settlement date.
The defendant was given a total of 73.9 million won by deceiving the victim.
Summary of Evidence
1. Legal statement of witness C, M and G;
1. Each protocol of suspect examination of the accused;
1. C, .