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(영문) 수원지방법원 2018.12.18 2016고단6197

부정수표단속법위반등

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged (hereinafter referred to as “2017 senior group 8063”) Defendant A received a proposal from E, etc. to request the representative director of the LAF to take charge of KRW 150 million, and accepted it, and entered into a check contract with G from around July 21, 2016, after taking office as the representative director of the LAF. < Amended by Presidential Decree No. 27200, May 20, 2016>

At around that time, Defendant B and H acquired the F of the Dispute Resolution Co., Ltd. and received the right to issue the F of the Credit Resolution Co., Ltd. from around July 22, 2016 by issuing the check in the name of the F of the Credit Resolution Co., Ltd. to raise the fund, and by paying a part of the acquisition price to E, etc. on July 22, 2016, and by receiving from Defendant A the F of the Credit Resolution Co., Ltd.’s name plate, seal impression, and check form, and received the right to issue the check

1) On August 2016, Defendant B issued to the J one copy of the check number “I, the amount of the check, and one copy of the check number in blank of G bank, each of which is in the name of “F”, and the J issued the check number to the K at the beginning of October 2016, by supplementing the “F million won” in the check amount column of the above blank check, and the “F million won, October 9, 2016,” respectively, on the issue date column, and issued it to the K, and issued it to the K on October 10, 2016, for which the payment date was presented, and did not receive any shortage of deposit.

2) Around August 30, 2016, H issued one copy of the check number “L”, “date of issuance”, “date of Oct. 30, 2016”, and “a copy of the check amount” to M. A. M. A. A. Around that time, M issued to N, and N made payment to the said bank on November 2, 2016, within the period of presentation for payment, but did not receive a disposition of suspension of transaction.

As a result, Defendants and H conspired to issue two copies of the current check, and they did not receive the check on the date of presentation due to the shortage of deposit or the suspension of transaction.

2. The facts charged pertaining to this part of the judgment are the crimes that meet the requirements of Article 2(2) of the Illegal Check Control Act, and are issued or prepared in accordance with Article 2(4) of the same Act.