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(영문) 서울남부지방법원 2015.02.05 2014고단1822
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for a term of two years and two months.

Of the facts charged in the instant case, Attached Table 1 Nos. 1 and 4 shall be listed respectively.

Reasons

Punishment of the crime

[2014 Highest 182] The defendant is a person who has been operating (State)C and D companies.

1. Violation of the Control of Illegal Check Control Act; and

A. From February 5, 2013, the Defendant entered into a check contract under the name of the Korean Bank Reading Branch and the Defendant’s representative (ju), and proposed that each holder issued nine copies of the check number per nine times in total, as described in [Attachment 1] Nos. 2, 3, 5, and 11 of the List of Offenses Act, and presented payment within the period for which each payment was made, but the Defendant did not pay due to the shortage of deposits or the suspension of transactions.

B. From March 6, 2012, the Defendant: (a) concluded a check contract under the name of the Youngdo Central Branch of Korea and the Defendant’s representative D Company; and (b) made a transaction of the household check; (c) issued nine copies of the household check on a total nine occasions, such as the No. 1 through No. 6, 9, and 11 in attached Table 2 of the List of Offenses Act; and (d) presented a payment proposal within the payment deadline; but (c) failed to receive each bank due to shortage

2. Fraud;

A. On May 14, 2013, around 10:30 on May 14, 2013, the Defendant made a false statement to the victim G on the F parking lot located in Busan Jin-gu, Busan to the effect that “the 3 million won unit number per one unit of the three million won unit issued by the inside” was “the 8 million won unit number per one discount.”

However, the Defendant did not have funds available for financing due to the settlement of bills and checks at the time, and the personal debt was equivalent to 30 million won, and as the business did not run properly, there was no intention or ability to pay the amount even if the victim presented the check to the bank within the time limit for payment of the check.

As such, the Defendant, by deceiving the victim, received 6.5 million won from the victim.

B. On June 23, 2013, the Defendant: (a) demanded the victim I to pay KRW 3,200,000,000 to J in Yangsan-si, Yangsan-si; and (b) issued to the victim a check of the number of units per face value of KRW 9,70,000 per face value.

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