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Reasons
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(영문) 의정부지방법원 2014.11.21 2014고단2649
부정수표단속법위반
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 15, 2014, the Defendant was asked by C to the effect that “If he/she lends the name of representative director of D Co., Ltd. he/she accepts, he/she will give KRW 2.5 million per month in consideration of such lending, and KRW 100 million in total at intervals of 10 days, at intervals of 10 million.” On January 15, 2014, the Defendant became a nominal representative director of D Co., Ltd through the process of change of the name of representative, at the one hand, at the one hand, at the one hand, at the one hand, at the one hand, at the one hand, in the one hand, where the check account transaction agreement with D Co., Ltd was entered into with D Co., Ltd., and accordingly, C has traded the one hand check in the name of D Co., Ltd., a nominal representative director.

C around early 2014, at the office of D Co., Ltd., Ltd., E, a check number “F”, “3,000,000 won”, and the date of issuance “28, 2014.” A copy of the number of shares per the above bank was issued.

However, on February 28, 2014, when G, who is the holder of the said check, presented the said check to the Bank on February 28, 2014, which was within the time limit for presentment for payment, C issued a check of the total face value of 420,274,00 won in total and issued the check of the check of the current amount equivalent to the face value of 14 in total, as shown in the attached crime sight table, and did not pay the said check of the current amount presented for payment within the time limit for payment.

Accordingly, the Defendant, in collusion with C, failed to pay on the date of presentation for reasons such as shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. A copy of each number of units;

1. Business registration certificate;

1. Copy of corporate register;

1. Application of Acts and subordinate statutes to certificates and certificates;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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