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(영문) 서울북부지방법원 2019.07.11 2019고단771
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On June 2018, the Defendant violated the Illegal Check Control Act: (a) by accessing the Defendant’s house located in the Shimb apartment of the wife population B apartment, using a computer to find a cashier’s check image by entering the “D” into the search book; and (b) by printing the cashier’s check image on the check number, face value, “E”, “10,000,000 (gold KRW 10,000), “Seoul Metropolitan City Co., Ltd., Ltd., Ltd., Ltd., and the issuance date “Seoul Metropolitan City Co., Ltd., Ltd.”; and (c) by printing out the cashier’s front image of the cashier’s checks as indicated in the issuance date “No. 16, 2012.”

2. On December 28, 2018, the Defendant made a false statement that “A” at the Automobile Maintenance Business Operator “I” located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, would normally pay automobile repair costs, entrusting the victimJ with repair, such as the engine, etc. of K benz car, and the repair cost of KRW 8 million would be paid as KRW 8 million check.”

However, in fact, the Defendant did not have any particular income, and even if the Defendant repair the engine of a motor vehicle, etc. due to the lack of economic circumstances such as filing a petition for bankruptcy with the court, it would not have the intent or ability to pay the repair cost. On the ground that the motor vehicle is repaired by holding a forged number of tickets, such as Paragraph 1, the Defendant would have been able to pay the repair cost by using the forged number of tickets, and would have the victim escape from the victim under the pretext of trial operation.

As such, the Defendant deceiving the victim, from around that time to January 3, 2019, caused the victim to repair the said car in order to have the cost of repair KRW 8 million, and on January 3, 2019, the Defendant used a forged check, such as Paragraph 1, which was put up in a transparent file file box inside the cover of the car at the above location around 16:20 on January 3, 2019.

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