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(영문) 부산지방법원 2016.01.14 2014고단2074

부정수표단속법위반

Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

Summary of Facts charged

1. Defendant A and Defendant B’s joint crime committed on October 10, 201 (hereinafter “Defendant A”) acquired from Company C for the purpose of trade business, etc. on or around October 10, 201, when due to bad credit standing, Defendant A was unable to operate the said company by using his/her name. Defendant B’s introduction agreed to take over the company in the name of Defendant B and to take over the company in the name of Defendant B, and to deal with the check of the current account. Defendant B, upon lending the name, was entitled to receive a fixed amount of money in return for lending the name, and was registered as C’s representative director on October 10, 201 at the two offices of the Busan Bank, and around that time, on March 23, 2011, the process was conducted to change the name of the representative director of the party account established in the name of the said Company C from D to Defendant B.

Defendant

A issued six copies of the check number “G”, par value “50,000,000, and date of issuance “ September 8, 2013” at the F coffee shop located in Busan East-gu, Busan, issued one copy of the check per the above bank in the name of the said stock company, as shown in the list of crimes in the attached Form, as well as six copies of the check per the total face value of KRW 290,00,000,000.

After September 9, 2013, from around November 25, 2013 to around November 25, 2013, each of the holders of the said checks presented the respective checks to the said bank within the period for presentation of the respective checks, but the Defendants did not pay all the checks as suspension of transaction.

As a result, the Defendants conspired to issue a check and did not receive it on the date of presentation due to the suspension of transaction.

2. C The Defendant is a corporation with the objective of trading business, agricultural and fishery products sales business, etc.

A, who is the representative director of the defendant, B and the actual operator, issued six copies of the check in the name of the defendant, such as the date and at the same place as specified in paragraph 1, and presented each check to the above bank within the payment period, respectively.

However, all defendants shall be paid as suspension of transactions.