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(영문) 서울서부지방법원 2015.02.13 2014고단1889

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【2014 Highest 1889】 From November 15, 2006, the Defendant concluded a check contract with the main office of the National Bank in Seodaemun-gu and traded the party shares.

On August 30, 2013, the Defendant issued one check number “G”, check amount “30,693,500 won”, and issuance date “1 January 31, 2014” in the name of the Defendant in the F Office of the Seoul Mapo-gu Seoul E 1107.

On February 3, 2014, the holder of the check presented the check to the above bank on February 3, 2014, which was within the time limit for payment, but the Defendant did not pay the check as a disposition of suspension of transaction.

The Defendant, including that, from around that time to December 5, 2013, issued at the above office a sum of KRW 47,204,50 in the same manner three times as indicated in the schedule of crime committed in attached Table 3, and presented the payment to the holders within the period for which the payment was made, but did not receive each of the suspension of transaction.

【2014 Highest 2162】 The Defendant, as the representative director of F Co., Ltd., concluded a check contract with the Seodaemun Branch of the National Bank in the name of F Co., Ltd. from November 15, 2006.

Around 16:00 on December 27, 2013, the Defendant issued, respectively, one sheet of the number of shares per national bank held in the name of Mapo-gu Seoul E and 107, and “The check No. H, 6,358,000 won at face value, and April 30, 2014 at issue date,” and each one sheet of the number of shares per national bank held in the name of F (Representative A), “The check No. I, face value I, 12,200,000 won at face value, and April 30, 2014 at issue date.” The Defendant issued one sheet of the number of shares per national bank held in the name of F (Representative A) Co., Ltd. (the holder of the said “H check,” and “I” Co., Ltd. (the holder of the said “H Check”) and the Bank on April 30, 2014, respectively, and paid them as a result of suspension of transactions.

Summary of Evidence

【2014 Highest 1889】

1. Statement by the defendant in court;

1. Each accusation 【2014 Highest 2162】

1. The defendant's statement in court;