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(영문) 수원지방법원 안양지원 2015.03.12 2014고단1420

부정수표단속법위반등

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Of the instant facts charged in violation of the Illegal Check Control Act, the Bank’s serial number D, face value 300 million won check, and the Bank’s serial number E, and unpaid check on a blank check on the date of issuance at par value among the instant charges, the check holder expressed his/her intent not to have the Defendant punished by attending the court on November 11, 2014, and the prosecutor notified the Defendant of the decision not to have the Defendant punished on the same day by revoking the public prosecution on the date of trial on January 27, 2015.

On April 10, 2007, the Defendant entered into a check contract in the name of the Industrial Bank of Korea and the Defendant, a representative director, and traded the check number.

A. On April 1, 2008, the Defendant issued one check number “H”, par value “30 million won”, and issuance date “C” in the name of the corporation C, a stock company located in Ansan-gu, Seoul, and one check number per share of the said bank.

On December 31, 2008, the holder of the check presented the check to the above bank on December 31, 2008, when the payment was presented, but the defendant did not receive the suspension of transaction.

B. On April 10, 2008, the Defendant issued one check number in the J's house located in Songpa-gu Seoul Metropolitan Government I Apartment, 'K', '150 million won at par value', '10 million won at issue date', 'C', '4 April 10, 2009.

On November 3, 2008, the holder of the check presented the check to the above bank on November 3, 2008, which was within the time limit for presentment of payment, but the defendant did not receive the suspension of transaction.

2. The Defendant held office as the representative director of the C Co., Ltd. (hereinafter “C”) in Ansan-gu G during the 2014 Highest 2032 embezzlement, and took overall charge of the affairs of C and its subsidiary companies (hereinafter “L”).

On May 29, 2008, the Defendant entered into a business transfer agreement with the victim J and 500 million won which comprehensively transfers L-owned machinery and equipment to the victim.

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