beta
Text
Defendant
A shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for one year.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
B was sentenced to five months of imprisonment for a violation of the Illegal Check Control Act at the Incheon District Court on December 14, 2012, and the execution of the said sentence was terminated at the Child Training Institution on May 12, 2013. On November 27, 2015, the Seoul East District Court sentenced ten months of imprisonment for a violation of the Illegal Check Control Act at the Dong District Court on February 18, 2016, and the said judgment became final and conclusive on September 10, 2015, and was sentenced to ten months of imprisonment for a violation of the Illegal Check Control Act at the Dong District Court on September 10, 2015.
Defendant A was the former representative director in the name of Eunpyeong-gu Seoul Metropolitan Government E and F building No. 306, and Defendant B was the actual operator of Company G.
Defendant
B issued one check number I, face value 30,000,000, and one check for each unit (hereinafter referred to as “one check”) under the name of the No. G Co., Ltd. on July 23, 2015, at the beauty room of H operation in the Nam-gu Incheon Metropolitan City on June 2015, and issued one check number K, face value 8,00,000,000, and the date of issuance to J from the office of the said Co., Ltd. on June 23, 2015, at the office of the said Co., Ltd. (hereinafter referred to as “No. 2 check”).
On August 3, 2015, H, which is the last holder of the 1 unit list, presented the payment of the 1 unit list around August 3, 2015, and J, which is the last holder of the 2 unit list, presented the 2 unit list around August 17, 2015.
1. Violation of the Illegal Check Control Act by the Defendants
A. On August 3, 2015, the Defendants committed the crime at the point of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which was the Chapter 188-2, forged the first unit of the Incheon Livestock Industry Co., Ltd. with the intent to avoid paying the amount of the check even though the Defendants knew that the check was actually issued by Defendant B and that it was not forged, the first unit of the check was forged for the purpose of avoiding paying the amount of the check.
A false report was made.
Accordingly, the Defendants conspired with each other.