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

Punishment of the crime

On September 30, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Northern District Court on October 8, 2008, and the said judgment became final and conclusive on October 8, 2008, and was released by suspension of execution with prison labor for the remaining four months. On March 16, 2012, the Defendant was sentenced to two years of imprisonment with prison labor and five years of imprisonment with prison labor for the remaining crimes, and the said judgment became final and conclusive on May 24, 2012.

On May 2010, the Defendant requested the victim D to discount the face value of KRW 23,00,000 per share issued by E, a corporation substantially operated by the Defendant, and received KRW 20,000,000 as a check discount, except for KRW 3,00,000,000, in advance interest.

On June 3, 2010, the Defendant issued one promissory note with a face value of KRW 27,000,000 and delivered it within a week, when the victim presented the above check of the number of shares at the new route branch of Han Bank in Yeongdeungpo-gu Seoul Metropolitan Government, and on the same day, the Defendant sent the victim only at G hotel front of G hotel located in F, or “B, it is difficult to settle the check of the number of shares offered by the Party.” On the other hand, if the Defendant deposits KRW 20,000 to E account in the name of the company E, and instead, deposits the amount of KRW 27,00,000 in the face value and makes the settlement of the check of the shares.”

However, at the time of fact, the Defendant had no intention or ability to settle a promissory note offered as security even if the other person prevents the check, because the check, the payment date of which has arrived at approximately 60 million won in total while running the Co., Ltd. in the course of a long-term financing shortage.

The Defendant, on June 4, 2010, had the victim transfer KRW 20 million to a single bank check account under the name of Co., Ltd., Ltd., and make payment in lieu of checks, thereby having the victim settle the same in lieu of checks.