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A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged in the instant case, the six checks listed in the [Attachment 6] list of crimes.
Reasons
Punishment of the crime
1. [2018 Height7025] The Defendant stated that he/she would operate “C” as a person operating the clothing manufacturing company on the second floor of the Seoul Jung-gu B building, and that he/she would pay the victim D 1,000 won per the day following the 10th day following the day when he/she produced matrts in the above C office around November 22, 2017.
However, in fact, the Defendant, at the time, did not have any particular assets, up to 300 million won the above company’s debt, and did not have any malicious credit which is virtually impossible to recover, and did not pay the processing expenses to other subordinate companies. Since from September 2017, the “E” operated by the Defendant had already been in crisis due to the deepening of financing due to the bonds, there was no intention or ability to pay the processing expenses to the victim by receiving the clothing supply price from the above “E”.
The Defendant, as above, by deceiving the victim, obtained pecuniary benefits equivalent to the amount of KRW 14,010,000 on November 201, 2017 by being supplied with Chapter 5,804 total number of Titiuss and Chapter 8,206 around December of the same year by failing to pay KRW 14,010,00.
2. [2018 Highest 7322] The Defendant lent the name of the F building in Gwangjin-gu Seoul Special Metropolitan City, and Co., Ltd. with the head office in subparagraph (Ga) to register it as the representative director and actually operates it, and from September 6, 2017, opened the current account in the name of the said company and traded checks.
On November 2017, the Defendant issued a check number J, face value KRW 30 million at issue date, and presented a check on January 16, 2018, which is the date of issuance, to which K, the holder of the said check, to pay the check on January 16, 2018. However, on December 28, 2017, the Defendant issued the check on the said date, including the fact that K, as a holder of the said check, did not pay the check on the said date due to the disposition of the suspension of transactions. However, on December 28, 2017, the Defendant stated 1 through 5, 7, or 10 of the list of crimes in attached Form issued on the said date: Provided, That the date of the issuance No. 7 issued “No. 23, 2018.” on February 3, 2018.