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(영문) 인천지방법원 2015.05.14 2014고단8596
부정수표단속법위반
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 15, 2015, the Defendant was sentenced to 8 months of imprisonment with labor and 2 years of suspended execution by the Incheon District Court on January 15, 2015, and the judgment became final and conclusive around January 23, 2015.

【Criminal Facts】

The Defendant was registered on August 30, 2013 as the representative director of D Co., Ltd. (hereinafter “instant company”) to the extent that the Defendant does not have any substantial disadvantage to the Defendant’s exercise of his right of defense.

From June 4, 2013, the Defendant entered into a check contract with a branch of the National Bank as a result of its branch and the instant company’s name, and issued a check of shares.

1. On December 25, 2013, the Defendant: (a) issued one check in the name of the instant company with the date of issuance of the check number “E” through G at the F Office located in Seoul (Seoul) around December 25, 2013; and (b) H, for whom the supplementary right to the amount of the check was granted, supplemented the amount of the check as KRW 1 billion. The instant check was presented to the said bank on January 27, 2014, when the check holder presented a payment proposal period; (b) on December 15, 2013, the Defendant had not paid the shortage of deposit. On December 2, 2013, the Defendant issued the check number I to H via G in the same place as stated in paragraph (1) and granted the instant check number “I” to H as KRW 300,000,000,000.

On January 29, 2014, the holder of the check presented the check to the above bank on January 29, 2014, which was within the time limit for presentment of payment, but did not receive the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution of some of the defendant (including the part concerning the statement of part of the statement ofG and H);

1. Each accusation (case number 2014-2946, 2014-2948);

1. Part of the police statement related to H;

1. Judgment.

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