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(영문) 서울남부지방법원 2013.06.27 2012고단1258

부정수표단속법위반등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the attached table of crime sight (1) Nos. 6 ( check number D) and 6 ( check number D).

Reasons

Punishment of the crime

[2012 Highest 1258] The Defendant, a person operating Tart Co., Ltd., signed a check contract with the Korean Bank Iron Branch from August 17, 2007, and opened a check account and traded checks.

On December 4, 2007, the Defendant issued a certificate of check number W, check amount W, 6,000,000 won, date of issuance, January 8, 2008, and issuer “A” as the price for the purchase of goods of the above VE and issued to U on January 8, 2008 within the VE office operated by U at Jeong-Eup. The Defendant offered a payment proposal for the check number as above on January 8, 2008, which is within the payment deadline, but the check bearer company did not pay due to the shortage of deposits.

The Defendant, including that, from November 5, 2007 to December 14, 2007, issued 13 copies of the total number of units per attached Form 1 to 5, 7, 9 through 11, and 14 through 17 in the above-mentioned manner, such as the list of crimes (1) Nos. 1 to 5, 7, 9 through 11, but did not pay each unit number due to the shortage of deposits or the suspension of transactions.

[2012 Highest 1557]

1. On March 21, 1996, the Defendant violated the Illegal Check Control Act (hereinafter “Unlawful Check Control Act”) entered into a comprehensive household deposit account with the Korean Bank's office in North Korea and entered into a household deposit account and traded household checks.

On December 10, 2007, the Defendant issued one check number Y, 3,00,000 won, date of issuance, January 10, 2008, and the issuer’s “A” as the price for the purchase of goods at the VE office located in X at regular Eup/Myeon, and on January 11, 2008, the check holder issued the check as the price for the purchase of goods at the above VE office. On January 11, 2008, the check holder issued and proposed the check payment, but did not receive the disposition of suspension of transaction.

In addition, from December 11, 2007 to December 30, 2007, the Defendant issued 15 copies of the household check of KRW 45,00,000 in total, as shown in the separate crime list (2) Nos. 1 through 4, 6, and 16 in the above manner, but did not pay each of the provisional coefficient marks due to the disposition of transaction suspension.

2. The Defendant is embezzled.