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(영문) 부산지방법원 2015.11.13 2014고단6489 (1)
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around January 19, 2012, the Defendant was demanded by C to use a bill in the “X” office located in Incheon Metropolitan City, with the face value stated, as the payment for the goods at a discount.

The Defendant changed the amount of the Promissory Notes (FYA) in the face value of KRW 25,00,000, which was paid to the Z that actually operated the Y, and received the said Promissory Notes without obtaining the consent of the change of the amount of the Promissory Notes (AB) from the Z because the endorsement of the “YA” consisting of an endorsement of KRW 25,00,000.

Upon the request of the Defendant to request a blank note from C, the Defendant would be in blank to erase the amount of the note indicated as KRW 25,00,000 of the above note as medicine. The Defendant’s change the due date from April 20, 201 to May 30, 2014 with the word “X Company AC,” and then, with the knowledge of the fact that the due date for payment is indicated as “from April 20, 201 to May 30, 201,” the Defendant issued C with the knowledge that the amount of the note indicated as “A” would be stated as “A”, and C, with the knowledge of the fact that the sum of the bill is crossed out, upon the receipt of the foregoing bill’s sum of money in blank, issued C with the knowledge of the fact that the sum of the bill is indicated as “Y Company A”, and on January 9, 2014, upon receipt of the foregoing bill’s sum of money in the place of origin, the Defendant stated “AD Company A” as a member of Korea Industrial Complex.

Accordingly, the Defendant and C conspired with each other to change the amount of a promissory note, which is an endorsement of the “YA”, and to use the altered promissory note by filing the said note with the National Federation of Small and Medium Enterprises upon obtaining the discount from the National Federation of Small and Medium Enterprises.

Summary of Evidence

"2015 Highest 585"

1. Defendant H and C’s respective legal statements

1. Defendant H and C

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