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(영문) 인천지방법원 2016.11.24 2016고단4085

부정수표단속법위반등

Text

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

Reasons

Punishment of the crime

The Defendant was a person who sells food additives in the name of “C”.

1. On November 27, 1995, the Defendant violated the Illegal Check Control Act (hereinafter “Unlawful Check Control Act”) concluded a check with a new bank under the name of the Defendant and traded checks.

On May 31, 2015, the Defendant issued one copy of the check number D, face value 28,000,000, and one copy of the check number per bank under the Defendant’s name as of August 31, 2015, which was the date of issuance, and issued on August 31, 2015, the check number D, face value 28,00,000, and the check number per bank was presented on August 31, 2015, but the

The Defendant, including that, from around that time to September 30, 2015, issued an amount equivalent to KRW 621,802,730, total face value per share 23 per 23 times in the same way as indicated in the attached list of crimes, and proposed payment within the time limit for the presentation of payment by each holder, but did not receive each payment due to the shortage of deposit or the suspension of transaction.

2. Fraud;

A. On June 2015, the Defendant told the victim E to the effect that “on the face of a discount of one sheet of a unit number of 35 million won ( check number F) of the face value per cubic sheet, the Defendant would settle the payment without recourse to the due date ( September 25, 2015).”

However, the defendant did not have any intention or ability to pay the above number of shares at the date of the payment because he was discounted.

Nevertheless, on June 2, 2015, the Defendant, by deceiving the victim as above, received 3,2230,000 won from the victim to the national bank account under the name of the Defendant, as the discount amount for the above number of shares.

B. On July 2015, the Defendant told the victim E to the effect that “A settlement would be made without a mold on the date of the payment ( November 20, 2015) if a bill of promissory note (B/L No. G) with a discount of KRW 45 million is made.”

However, the defendant did not have the intention or ability to pay the above promissory note on the date of payment.

Nevertheless, there is a need to do so.