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(영문) 광주지방법원 2020.08.13 2019고단3779

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for one year.

Of the instant facts charged, the check number “B,” “C,” “D,” and “E” are relevant to the check number.

Reasons

Punishment of the crime

[Criminal Power] On May 29, 2019, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Gwangju District Court, which became final and conclusive on June 6, 2019.

【Criminal Facts】

To the extent that the defendant does not have any substantial disadvantage in exercising his/her right to defense, part of the crime was revised without amendment process.

"2019 Highest 3779"

1. On October 11, 2012, the Defendant entered into a check contract with G bank lecture branch and H through the name of the representative of the said company in the name of the said company and entered into a check contract with the limited company F in the name of the said company as the actual operator of F, a limited liability company in Gangnam-gun.

On February 4, 2013, the Defendant issued one copy of the check number “I”, “30,000,000 won”, and the date of issuance “2.4 February 2013, 2013” at the F office located in the Gangnam-gu Seoul Special Metropolitan City, the Defendant failed to pay for the shortage of deposits even if the holder of the check presented a payment proposal on February 6, 2013, which is within the period of presentment for payment.

In addition, from January 24, 2013 to February 2013, the Defendant issued 1, 2, 4, 6, 8, or 11 the total amount of eight checks as shown in the attached Table 1 Nos. 1, 2, 4, 6, and 8 to 264,840,000 of the total amount of eight checks on the per unit table, and did not pay on the date of payment for shortage of deposits, suspension of transactions, or termination of contracts.

"200 Highest 42"

2. Around December 3, 2012, the Defendant issued a check under the name of J Co., Ltd., the Defendant entered into a check contract with K, a representative director of the said company, in the name of the said company, with L Bank, through K, which is a representative director of the said company, and traded the check in the current number of shares.

The Defendant issued one copy of the check number “N”, check amount “15,00,000,000”, and the date of issuance “1 August 11, 2013” at the J Office in Gwangju-dong M between May 2, 2013 and June 2, 2013, and even if the holder of the check presented a payment proposal on August 12, 2013, the check was paid as suspension or termination of the contract.