특정경제범죄가중처벌등에관한법률위반(사기) 등
Defendant shall be punished by imprisonment for a period of two years and six months and by a fine of ten thousand won.
The above fine shall not be paid by the defendant.
Punishment of the crime
[2010 Gohap1021] On March 10, 2008, the Defendant agreed to operate a business of acquiring E Co., Ltd. (hereinafter “stock company”)’s representative director F and G consortium clubs located in the Gyeongbuk-dong (hereinafter “instant golf club”) in a non-permanent place, and the Defendant paid F a KRW 2.5 billion upon entering the instant track.
F pursuant to the above agreement, the Defendant transferred 51% of the E shares to the Defendant, and registered H, the Defendant’s son, as the representative director on April 14, 2008. From that time, the Defendant had the Defendant take charge of the purchase business of the instant golf course.
1. Violation of the Control of Illegal Check Control Act and the exercise of forged securities;
A. A. Around April 2008, the Defendant: (1) at the office No. 1010 of the J building in Yeongdeungpo-gu Seoul Metropolitan Government, the issuer “E representative director F”, the check amount, and the date of issuance, one copy of the check number (the check number I).
F The Defendant granted the authority to supplement the check amount up to the limit of the acquisition price of the golf course only in the case of raising funds for the purchase of the golf course in this case with the above blank check.
Nevertheless, around June 23, 2008, the Defendant, without the authority to demand the existing performance of obligation by K at the above office, forged one copy of the check number per unit without the authority to demand the payment of the check amount, stating that the check amount column is “this KRW 30,000 (230,000)” and “ September 23, 2008,” respectively.
(2) The Defendant, at the same time and at the same place as above, delivered a forged check to the obligee K as if it had been duly formed for the repayment of one’s own personal debt.
B. On July 9, 2008, the Defendant received from F the issuer’s “E representative director F”, the check amount and the date of issuance, respectively, one copy of the check number list ( check number L) around July 9, 2008.
F is the defendant with a blank check.