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(영문) 부산지방법원 2013.11.28 2012고단10185

부정수표단속법위반

Text

Defendant

A Stock Company shall be punished by a fine of five million won, by imprisonment with prison labor for each of the defendants B and C.

Defendant

B. Regarding B.

Reasons

Punishment of the crime

"2012 Highest 9612"

1. Defendant C was sentenced to two years of imprisonment for a crime of fraud at the Seoul Southern District Court on January 25, 2008 and the execution of the sentence was terminated August 14, 2008. On January 5, 2012, Defendant C was sentenced to one year and six months of imprisonment for a crime of fraud at the Busan District Court and appealed on July 30, 2012 and is currently under trial at the appellate court.

On January 16, 2009, the Defendant provided the victim E with a certificate of borrowing KRW 10,000,000 from the victim, which read, “If the Defendant lent office expenses to operate the business of door-to-door food service, he would have the right to use the door-to-door store.” The Defendant provided the victim with a certificate of borrowing from the victim up to February 10, 2009.

However, even if the Defendant borrowed money from the victim due to the lack of business funds, even if he/she borrowed money from the victim, he/she was unable to give the victim a license to do so, and was registered in a bad credit holder, and was liable for a credit guarantee insurance policy amounting to 20,000,000 won, and even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay money within the agreed period of time.

The Defendant, by deceiving the victim as above, was transferred KRW 10,00,000 from the victim to the new bank account in the name of F on or around January 16, 2009.

"2012 Highest 10185"

2. Defendant A Co., Ltd is a corporation that operates building materials sales business, etc. in Bupyeong-gu Incheon Metropolitan City G. Defendant B is the chairperson of the foregoing corporation, and Defendant C is the vice-chairperson of the above corporation.

Defendant

A Co., Ltd. has entered into a contract for current account transaction with the Korean CTR Bank Gyeyang Points from April 29, 201, and has traded the current account transaction at the number of shares.

A. Defendant B: (a) around November 201, 201, the check number H. at the above company’s office.