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(영문) 부산지방법원 2012.09.25 2011고단6857

부정수표단속법위반등

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1. Defendant A shall be punished by imprisonment for ten months and by imprisonment for a crime under paragraph (3) of the same Article; and

Reasons

Punishment of the crime

【Criminal Power】 On April 20, 2005, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Busan District Court, and completed the execution on October 21, 2006. ② On June 25, 2009, the Busan District Court sentenced two years of imprisonment for a violation of the Illegal Check Control Act, etc., and the judgment on September 10, 2009 became final and conclusive, and completed the execution on August 10, 2010.

【2011 Highest 6857】

1. The defendant A is the actual representative of the Busan Dong-gu B corporation.

B, from September 16, 2010, Co., Ltd. entered into a check agreement with the Busan Bank's opening-dong branch and the number of shares, and traded checks.

On April 7, 2011, the Defendant issued one check number “F”, “F”, “35,000,000 won at the face value” and “F” under the name of B (Representative G) corporation (Representative G), which became the date of issuance, and issued one check number per share on July 14, 2011. The Defendant offered a payment proposal to a bank on July 14, 2011 during the period of presentment for payment, but did not receive payment as suspension of transaction.

B. On March 15, 2011, the Defendant issued one check number “H”, “25,00,000 won at the Defendant’s office at the end of the period of payment,” and one check number per share in the name of B (representative G), a stock company (representative G), which is the date of issuance, and issued one check number per share at the Defendant’s office at the Defendant Company B, and offered a payment proposal to the bank on July 15, 201, which is within the period of payment proposal, but did not receive as a disposition of suspension of transaction.

2. Defendant B, at the time and place set forth in paragraph (1), the Defendant issued three copies of the per unit of the Defendant’s actual representative and the person who prepared the per unit of the party, as above, but did not receive the suspension of transaction.

[Judgment of the court below]

3. On January 8, 2008, Defendant A told the victim J to sell the real estate in front of the I apartment path in Kimhae-si, Kimhae-si, “A will be repaid within one month, if it borrowed KRW 30 million.”

However, at the time, the defendant tried to acquire K around April 2007 when operating the L company and rebuild the building.