Defendant

B A person shall be punished by imprisonment for one year.

However, with respect to Defendant B, the above three years have passed since the date this judgment became final and conclusive.

Criminal facts

Defendant

B On June 22, 2011, the Seoul Southern District Court was sentenced to six months of imprisonment for fraud, and the judgment became final and conclusive on June 30, 2011.

In fact, as at the time of December 2009, Defendant B did not have any special property or monthly income, while at the same time Defendant B did not have any obligation of 70 million won or more, Defendant B did not have the intent or ability to pay a discount to the victim even if Defendant B was requested by F to discount a promissory note and a check.

In particular, in November 2009, Defendant B had already been issued a promissory note with a face value of 39.5 million won on the condition that Defendant B would give a discount to G in the face value and could not return the promissory note even without having to do so.

Nevertheless, Defendant B would give a discount to the victim.

In a false manner, a promissory note and a check of the current check have been received, and the discount rate has been discounted on the intermittent value, and the discount amount has been raised for his use.

Defendant

B On December 3, 2009, at the “J” coffee shop near Icheon-si, Hacheon-si, B, the victim’s agent, “on the face value of 90 million won, 3 promissory notes causing the total face value of 188 million won, and nine copies of the current check at the face value of 100 million won at the discount rate of the said promissory notes and the current check at the face value of 188 million won, and the remainder of the discount of 100 million won at the face value of the victim shall be paid at the discount,” and then, at the same time, the victim’s agent, obtained from K a promissory note with the effect that “on the face value of 90 million won at the face value of the victim, 3 (L, M, N) and a total of 180 million won at the face value of 18,800 million won at the face value of each page.”

Summary of Evidence

1. Defendant B’s legal statement

1. Each legal statement of witness F, X, and Y;

1. Copy of the discount agreement;

1. Copies of promissory notes and current checks;

1. Previous conviction in judgment: Application of the Act and subordinate statutes making inquiries about Defendant B’s criminal history;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;