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(영문) 제주지방법원 2011.12.16 2011고단485
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the check number “C”, “D” and “E” is a check.

Reasons

Punishment of the crime

On May 15, 2006, the Defendant entered into a check contract in the name of the F Co., Ltd. with the Jeju Bank and the Defendant as the representative director, and has traded the check number.

1. Around March 10, 2011, the Defendant issued a check number H, face value of KRW 50,000,000, and a copy of the number of shares per Jeju Bank held in the name of the F Co., Ltd. on May 9, 2011, which was the date of issuance, at the F Co., Ltd. office (hereinafter “instant office”) operated by the Defendant (hereinafter “instant office”) in Jeju Island, at the F Co., Ltd. office with the Defendant’s 301 location of G building at Jeju, and presented a proposal for the payment of the said number on May 9, 201, for which the holder of the said check presented the payment proposal, but did not receive it as a suspension of transaction.

2. On April 12, 2010, the Defendant issued a check number I, face value of KRW 500,000,000, and one set of the number of shares per bank in the name of F of the said stock company as of the date of issuance at the instant office.

On April 18, 201, when the holder of the check pays the due date and makes a proposal for payment, the check was issued on April 18, 201, but the Defendant was not paid as a disposition of suspension of transaction, and the check was not issued and paid three times in total as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared by the J;

1. Each accusation;

1. Each investigation report;

1. Application of Acts and subordinate statutes on copies of checks;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning a crime, Article 2 (2) and (1) of the Act on the Control of Illegal Check of Punishment

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code among concurrent crimes. The defendant and his defense counsel stated in the annexed list Nos. 1 and 2 of the annexed list of crimes were given to K in order to secure the defendant's obligation to receive investment of money from K and return the principal and profits. However, under the circumstance that each of the above checks was confirmed to have been fully paid or non-existent, K arbitrarily presented each of the above checks.

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