Defendant

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Law Firm Hun-Ga, Attorney Cho Sung-sung

A defendant shall be punished by imprisonment for three years.

피고인은 공소외 19 주식회사와 공소외 20 주식회사의 대표이사로 등재되었던 사람이고, 공소외 1은 공소외 19 주식회사의 대표이사이자 공소외 20 주식회사의 실제 운영자이며, 공소외 2는 공소외 1의 형으로 공소외 19 주식회사와 공소외 20 주식회사를 함께 운영하면서 최근 공소외 39 주식회사 대표이사로 등재되어 있는 사람이고, 공소외 4는 공소외 19 주식회사의 사외이사이자 공소외 20 주식회사의 대표이사로 등재되어 있는 사람이다. 공소외 1과 공소외 2, 3은 자본을 동원하여 실제 영업하지 않는 법인을 인수하고, 피고인은 ▷▷상고를 졸업한 인맥으로 금융권에 많은 선후배가 있음을 이용하여 위 회사 명의 어음 당좌계좌 개설 및 은행업무를 담당하면서 많은 어음 용지를 확보하는 역할을 하고, 공소외 4는 공소외 20 주식회사의 바지사장 역할을 하면서 거래가 전혀 없음에도 일정한 가격에 매매되고 지급기일에 부도가 예정되어 있는 속칭 딱지어음을 발행하여 1장당 300여만 원에 유통하기로 공모하였다.

이에 따라 피고인은 2008. 9. 18. 공소외 19 주식회사의 대표이사로 취임한 후 공소외 19 주식회사가 가지고 있던 기존 당좌계좌( 공소외 44 은행 반여2동지점) 외에 추가로 당좌계좌를 개설하여 어음용지를 확보할 수 있도록 하였고( ◁◁ 대신동지점 어음용지 270장 확보), 이후 공소외 20 주식회사의 전신인 공소외 21 주식회사 대표이사로 취임한 이후 신규로 공소외 45 은행 동래지점에서 공소외 21 주식회사 당좌계좌를 개설(어음용지 190장 확보)한 다음 대표이사 자리를 공소외 4에게 넘겨주고 법인에서 빠져나왔다. 공소외 1, 2, 3, 4는 이후에도 계속하여 딱지어음을 발행하여 유통하였고, 그 중 일부 수익을 피고인의 공소외 44 은행 계좌로 송금하여 주었다.

1. Violation of the Financial Investment Services and Capital Markets Act;

Any person who intends to engage in the affairs of issuance, discount, trade, brokerage, acceptance and guarantee of bills whose maturity arrives within a period prescribed by Presidential Decree not exceeding one year and other affairs prescribed by Presidential Decree incidental thereto (hereinafter referred to as "short-term financial affairs") shall obtain authorization from the Financial Services Commission.

Nevertheless, around August 2009, the Defendant and Nonindicted 1, 2, 3, and 4 sold to Nonindicted 5, who was found to have been issued and reported in the name of Nonindicted Stock Company 20 in the name of Nonindicted Stock Company 20 (No. 14,39, 40, 41 among the attached crime list 4) at the office of the Busan Seosan-dong (number 3 omitted) in Busan Metropolitan City, for approximately KRW 10 million from December 2008, a bill of exchange was sold from around 357, as shown in the attached list 1 to 4, as well as from around December 2008, at around KRW 21,923,981,00).

As a result, the Defendant and Nonindicted 1, 2, 3, and 4 engaged in short-term financial business without obtaining authorization from the Financial Services Commission in collusion or in succession, thereby violating the Financial Investment Services and Capital Markets Act.

2. Fraud;

A. Crimes with Nonindicted 5

around August 2009, the Defendant sold to Nonindicted 5 approximately KRW 10 million a bill issued as above.

(1) On September 1, 2009, Non-Indicted 5 presented a payment proposal to employees of the above bank in which Non-Indicted 46 bank viewing station located in Busan Metropolitan City (bill No. 1 omitted), and the issuer Non-Indicted 20 corporation and the reported amount No. 26,600,000 won: 40,000 won, which is not a bill issued due to ordinary transactions, but a note breabbbbing the fact that it is not a bill issued due to ordinary transactions, but a note breabing such fact and making it impossible to identify, and was issued 24,50,000 won at discount from the victim non-Indicted 46 bank viewing station.

B. At around September 2009, Non-Indicted 5 (24,500,00 foot bill (bill number 2 omitted), the issuer Non-Indicted 20, and the amount of issuance reported 25,50,000: 41 of the crime sight table : although the bill is not a bill issued due to ordinary transactions, it is not a bill issued due to the fact that it is not a bill, but a bill for the breabbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbing, which is located in the ○○○ ○○○ representative of the victim Non-Indicted 22 in Busan Metropolitan City (number 1 omitted).

around October 2009, Non-Indicted 5 presented payment proposal to the employees of the above bank whose name is not known, and received KRW 34,50,000 from the victim Non-Indicted 46 bank viewing station as discount amount of KRW 36,862,00 in face value (bill No. 3 omitted), and the issuer Non-Indicted 20 and the reported amount of KRW 5,00,000 in the case of a crime table No. 4-14).

Around November 2009, Non-Indicted 5 paid a face value of KRW 26,00,000 fake bill (bill No. 4 omitted), and the issuer Non-Indicted 20, the issue amount reported to be KRW 2,600,00: KRW 39 of the crime sight table 4-39 is not a bill issued due to normal transactions, but a face-to-face breabbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbing this fact, which is, the victim Non-Indicted 23 Co. 24 in the Gyeongnam-si Industrial Complex, was delivered to the representative Non-Indicted 23 Co.

As a result, the Defendant and Nonindicted 1, 2, 3, 4, and 5 conspired with each other and received 59,00,000 won from the victims, and exempted the Defendant from the liability amounting to 50,500,000 won.

B. Crimes with Nonindicted 6

Nonindicted 6, around September 2009, set off the claims of KRW 10 million from Nonindicted 25 to Nonindicted 25 at Sungsan-dong (hereinafter omitted) in order to set off the claims, and received the face value and the payee from two bills (bill No. 5 omitted), the issuer Nonindicted Co. 20, the issue amount reported, KRW 6,190,000 / (bill No. 6 omitted), Nonindicted Co. 20, the issuer Nonindicted Co. 20, the reported amount of KRW 3,980,00: KRW 24,23,00 in the list of crimes.

After receiving a bill, Non-Indicted 6 received the bill, and around that time, the fact is a breathed bill, which is not a bill issued due to normal transactions, but rather a breathed bill, which is expected to be defaulted, but also includes 37,00,000 won and 43,000,000 won in the face value of the bill, respectively, and then, delivered the bill to Non-Indicted 26 Co. 26 and △△ Steel for payment, thereby releasing the victim from the debt equivalent to

Accordingly, the Defendant and Nonindicted Party 1, 2, 3, 4, and 6 conspired with each other and thereby exempted the victims from liability of KRW 80,000,00.

C. Crimes with Nonindicted 7

around September 2009, Non-Indicted 7 received from Non-Indicted 29 a sheet of face value of 45,500,000 foot bill (bill number 7 omitted), the issuer Non-Indicted 20, and the reported amount of 1,800,000 won: 12) from Non-Indicted 29 before the office of Non-Indicted 28 Co., Ltd.

After receiving a bill, Nonindicted 7 was able to do so, and at that time, the fact was not a bill issued due to normal transactions, but a brupted bill, but a brupted bill, which was intended to be defaulted. However, the fact was concealed and delivered to Nonindicted 30, and the victim was delivered 28.4 million won as a discount and was exempted from the existing debt 11.

As a result, the Defendant and Nonindicted 1, 2, 3, 4, and 7 conspired with each other and received KRW 28,40,000 from the victim, and exempted the Defendant from the liability corresponding to KRW 11,70,000.

D. Crimes with Non-Indicted 8

On August 1, 2009, Non-Indicted 8 opened a note of KRW 23,735,000 (bill number 8 omitted), the issuer Non-Indicted 20, and the reported amount of KRW 2,200,00: KRW 33 of the crimes table 4-1 at the same place as the police officer of the same month, Non-Indicted 31 (bill number 9 omitted), and the reported amount of KRW 28,00,000 (bill number 4,620,000): Non-Indicted 31 at the same place of the same month.

After receiving a bill, Non-Indicted 8 received the bill, and around that time, the fact is not a bill issued due to ordinary transactions but a brea-typeed bill, but a brea-typeed bill, which is expected to be defaulted. However, the fact was concealed and delivered to Non-Indicted 32, etc. in the victim ○○ Industry for the payment of the purchase price of KRW 14,00,000,000 at the face value to Non-Indicted 33, 15,000,000 at the face value, and the victim was exempted from the debt of the same amount by delivering the bill to Non-Indicted 33,000,000 won at the face value to pay for the purchase price of KRW 15,00,000 at the Dol-gu, Seoul Special Metropolitan City.

As a result, the Defendant and Nonindicted 1, 2, 3, 4, and 8 conspired with each other and thereby exempted the victims from liability of KRW 29,00,000.

E. Crimes with Nonindicted 9

On October 8, 2009, Non-Indicted 9 received 3.6 million won in the name of non-indicted 47 at the Daegu Suwon-gu 2-dong ( parcel number 2 omitted), the number of non-indicted 9 was 50,000 won in face value from non-indicted 47, and the amount was 50,000 won in face value from non-indicted 47 (bill No. 10 omitted), non-indicted 20, the amount of non-indicted 20, the amount of non-indicted 1,980,000 won in face value, 58 in the list of crimes).

After receiving a bill from Nonindicted 9, Nonindicted 9 was the subject of a normal transaction, and around that time, the fact was the brupted bill, which was not a bill issued due to the ordinary transaction but was scheduled to be defaulted, but was concealed, and the victim Nonindicted 34 was given the money as an agency contract deposit, and was exempted from the debt of the same amount.

As a result, the Defendant and Nonindicted 1, 2, 3, 4, and 9 conspired with each other by public offering or order, thereby releasing the Defendant from the Defendant’s liability of KRW 50,000,00.

F. Crimes with Non-Indicted 10

On October 15, 2009, Non-Indicted 10 delivered to the victim non-indicted 35 Co., Ltd. (hereinafter referred to as "2 omitted) the face value of KRW 40,000,000 fake bill (bill No. 11 omitted), the issuer non-indicted 20 Co., Ltd., and the issue amount not reported: Non-indicted 20 Co., Ltd.: 59 of the crime chart No. 4-59) to the victim non-indicted 35 Co., Ltd., located in the Busan Kupo-dong, Busan (hereinafter referred to as "the Busan Kupo-dong"), which is not a bill issued due to normal transactions, but a bearer-nameed bill, the fact is concealed and delivered to the victim, and it was delivered

As a result, the Defendant and Nonindicted Party 1, 2, 3, 4, and 10 were offered KRW 11,150,000 from the victim in collusion with each other or in succession.

G. Crimes with Nonindicted 11 and 12

around October 18, 2009, Non-Indicted 12 received from Non-Indicted 11 a sheet of face value 34,50,000 foot bill (bill No. 12 omitted), issuer Non-Indicted 20, and the issue amount reported: Non-Indicted 4-2) from Non-Indicted 11, and around that time, Non-Indicted 12 was exempted from the liability equivalent to the same amount by concealing such fact, even though the bill was not a bill issued due to normal transactions but a bill of exchange, which was planned to be defaulted.

Accordingly, the Defendant and Nonindicted Party 1, 2, 3, 4, 11, and 12 got off the Defendant’s liability amounting to KRW 34,50,000 from the victim in collusion or in succession.

H. Crimes with Nonindicted 13, 14, and 15

around September 2009, Nonindicted 13 purchased KRW 3,00,000 in cash and thereafter purchased KRW 106,100,000 from the brode of the sale of a bill in which the name cannot be known through the advertisement “brode of the bill” in the daily sports (bill No. 13 omitted), Nonindicted 13 purchased KRW 3,00,000 in cash from the issuer, Nonindicted 20, and the amount reported: KRW 5,00 in the amount reported: KRW 36 in cash.

Non-Indicted 14 and Non-Indicted 15 have been granted KRW 102,746,00 from the victim non-Indicted 46 bank Seogdong-dong (number 4 omitted) in order to make payment to the employees of the above bank whose name is hidden and name is unknown, even though the fact was not a bill issued due to ordinary transactions, but a bill for the prompt name of non-Indicted 46 bank.

As a result, the Defendant and Nonindicted Party 1, 2, 3, 4, 13, 14, and 15 were offered KRW 102,746,00 from the victim in collusion or in succession.

I. Crimes with Nonindicted 16 and 17

Nonindicted 16 sold to Nonindicted 17 a note purchased from Nonindicted 16 to Nonindicted 18, the representative of Nonindicted Company 37, and on February 182, 2009, the fact that Nonindicted 16 sold to Nonindicted 17 a note purchased from Nonindicted 37 to Nonindicted 18, the fact that Nonindicted 182, the name of the Plaintiff was unknown, not a note issued due to ordinary transactions, but a note for default, but a note for payment of KRW 20 million to Nonindicted 38, the injured party was concealed, and the amount of debt owed to Nonindicted 38, for repayment of debt to Nonindicted 30,000 won.

As a result, the Defendant and Nonindicted Party 1, 2, 3, 16, 17, and 18 got off the Defendant’s liability amounting to KRW 20,00,000 from the victim in collusion or in succession.

1. Defendant's legal statement;

1. Each prosecutor's protocol of interrogation of Nonindicted 5, 7, 6, 8, 9, 13, and 17

1. Each prosecutor’s statement concerning Nonindicted 40, 41, and 42

1. Copy of the written statement made by the prosecution against the wounded;

1. Each investigation report (the confirmation report of the present state of Nonindicted Co. 19, a suspected company, etc.; the confirmation report of the present state of the suspected company involved in this case; the details of the statement made by the informant; hearing of the victim Nonindicted 43; the attachment of the certified transcript of corporate register; each victim’s specific contents; the specific amount of damage; the final report on the list of crimes; the result of analysis of the response to tax data; and the confirmation of Nonindicted

1. Article relevant to the facts constituting an offense and the selection of punishment;

inclusive, Articles 44 subparag. 22, 360(1) of the Financial Investment Services and Capital Markets Act, Article 30 of the Criminal Act (unauthorized Short-term Financing Business, Selection of Imprisonment), Articles 347(1) and 30 of the Criminal Act (Each point of fraud, Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

It is so decided as per Disposition for the above reasons.

[Attachment Form 5]

Judges Lee Sang-hoon