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(영문) 서울서부지방법원 2014.04.09 2013고단3523

부정수표단속법위반등

Text

Defendants shall be punished by imprisonment for not more than five months and fine not exceeding 2,00,000 won.

The above fine shall not be paid by the Defendants.

Reasons

Punishment of the crime

[criminal power] On October 18, 201, Defendant A was sentenced to a fine of KRW 10 million on March 29, 2012 by the Seoul Western District Court due to a violation of the Illegal Check Control Act, etc. on March 18, 201, and the said judgment became final and conclusive on March 29, 2012. On February 15, 2013, Defendant A was sentenced to ten months of imprisonment with prison labor at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on December 4, 2013.

Defendant

B On October 18, 2011, the Seoul Western District Court sentenced a fine of KRW 30 million on three years of imprisonment due to a violation of the Illegal Check Control Act at the Seoul Western District Court. On January 20, 2012, the above judgment became final and conclusive on January 20, 2012.

【Criminal Facts】

1. On March 201, the Defendants violated the Illegal Check Control Act: (a) revised the check to a large amount of money in order to withdraw the check; and (b) conspired to deposit one billion won of a cashier’s check issued at the Cheongyang Station branch in Korea; and (c) discovered that there was an alteration; (b) Defendant B failed to provide money by altering another check in order to resolve the altered KRW 1 billion deposit issue; (c) 300 million deposit issue.”

Accordingly, Defendant A, through E, received a copy of KRW 300 million cashier’s checks (G) issued by the Gangnam-gu Seoul Special Metropolitan City SC Japan Bank, Gangnam-gu, Seoul, and altered the check number “6” in the form of a cashier’s checks (I) issued by H during the period from March 23, 201 to March 24, 201, and Defendant B altered the “300,050,000 won” in the form of a cashier’s checks (I) issued by the SC Japan Bank from March 23, 2011 to “5,” and “30,000,000 won” in the form of a cashier’s checks (I) issued by H.

As a result, the Defendants conspired to change 1050,000 won of the cashier's checks issued by the Japanese bank into KRW 300,000.

2. The Defendant A, who received the altered securities exercise and attempted fraud, from Defendant B, the check of the altered status, and around 11:30 on March 24, 201.