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(영문) 대구지방법원 2014.05.29 2013고단4761

부정수표단속법위반등

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 1.5 million won, respectively.

Defendant

Co., Ltd.

Reasons

Criminal facts

1. [Attachment 2013 Highest 4761]

A. Defendant A, as an internal director of Co., Ltd., Ltd., a swine meat processing company, concluded a check contract with the Daegu Bank in the name of the said company from December 17, 2010, and traded the check number per share.

On January 201, the Defendant issued one check number “F”, “10,000,000”, and one copy of the check number per bank in the name of the said company as “F”, “10,000,000”, at the Eju station office in Daegu-gu, Seo-gu, Seoul-gu.

On March 21, 201, the holder of the check presented the check payment order to the Bank on March 21, 201.

However, the defendant did not receive the suspension of transaction.

The Defendant, including that, from January 201 to March 201 of the same year, issued the check equivalent to KRW 120,00,000 on five occasions in total, as shown in Nos. 1, 3, 4, 6, and 7 of the crime sight table (attached Form 1) from around January 201 to March 1 of the same year, and did not receive it on the date of presentation as a disposition of suspension of transaction.

B. Defendant B Defendant B’s representative director A

As shown in the paragraph, the number of tickets was issued more than five times in total, and it was not paid on the date of presentation due to the suspension of transactions.

2. [Attachment 2013 Highest 6673] G acquires profits by producing and disposing of a large amount of 'brupted bill' under the name of the above company, and i lends only the name of the party opening and receiving KRW 1.5 million per month from G without the settlement capacity of the bill, and the defendant provided KRW 130 million out of the corporate acquisition fund and used G bill as the same.

Any person who intends to engage in the business of issuing, discount, trade, brokerage, acceptance and guarantee bills whose maturity arrives within a period prescribed by Presidential Decree, and other business incidental thereto, which are prescribed by Presidential Decree (hereinafter referred to as "short-term financial business") shall be the Financial Services Commission.