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(영문) 인천지방법원 2015.09.03 2015고단2907

부정수표단속법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 21, 1992, the Defendant entered into a check contract with the Korean bank tiny branch on May 21, 1992 and entered into a check contract with the Korean bank tiny branch.

The Defendant, around March 28, 2014, indicated “D” offices operated by the Defendant in Nam-gu Incheon Metropolitan City, as “E”, “E”, “20,00,000 won at face value,” and “date of issuance” under the Defendant’s name, issued the check number per bank under the Defendant’s name, and, on July 26, 2014, when the check holder offered payment to the said bank on July 28, 2014, when the check was presented to the said bank during the payment period, the check amount was not paid due to the shortage of deposits, as well as the check number column attached to the attached Table 15 attached to the check number by July 28, 2014, indicated “I” as “I”. However, this appears to appear to be “K” as a clerical error in the book list 2, 4 through 11, 13, and 16 of the record of the crime.

(Evidence No. 102 pages). As described in the Statement, the number of shares per total of 17 face value of 293,400,000 won was issued, and each of them was not paid as a result of the shortage of deposits or the suspension of transactions.

On March 20, 2014, the Defendant, on March 20, 2014, called “F, an employee of the D company operated by the Defendant,” a false statement, stating that “The price of the goods in the transaction is required to be approved. It is necessary to pay money to the bank prior to the due date on the face of a bill or check.” On the face of a bill or check, the Defendant paid money to the bank prior to the due date.”

However, the Defendant had no intent or ability to settle the amount properly on the date of payment, even if he/she receives a discount from the victim, because he/she had a credit card company loan of KRW 1 billion at the time, KRW 50 million, KRW 30 million, KRW 10 million, KRW 10 million, KRW 6 million, etc.

The Defendant is the victim as above.