A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

[Criminal Records] The defendant was sentenced to imprisonment with prison labor for a period of one year and two months on April 15, 2015 with prison labor for fraud, etc. at the Suwon Friwon

5. The foregoing judgment was finalized on May 28, 2015, and the same court was sentenced to two years of suspension of execution in the month of imprisonment for fraud, etc. and the said judgment became final and conclusive on July 22, 2015.

[The facts of the crime] The defendant requested a discount of 10 million won promissory note 1 and 20 million won issued in the name of G operated by the defendant, and D requested a discount of 30 million won in the name of G operated by the defendant. D is a person who operates a factory that supplies parts to G with the trade name called "G" from Bupyeong-si around January 29, 2014, and the above company requested a discount of 10 million won in the face value to F (68 tax) with D's introduction, and if so, it is possible to pay 30 million won in the face value.

“ .................”

However, at the time, the Defendant had no intention or ability to pay the payment on the payment date, as agreed, because the Defendant issued a promissory note due to the financial difficulties of the said G and prevented the so-called return.

As such, the Defendant, by deceiving the victim, had the victim do so, transfer KRW 38,755,00,00,000, after deducting advance interest, etc., under the pretext of the discount of the said bill, to the I Bank Account (J) under the above E, the representative, and the Defendant acquired the transfer of KRW 26,50,000 from D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A copy of a promissory note, a statement of transactions by account, and a copy of a loan certificate;

1. Previous convictions: Inquiry into criminal history, reporting of the previous convictions of each disposition, and reporting of the results thereof, and applying statutes of each judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The Criminal Act dealing with concurrent crimes;