Defendant

Suspension Decree

Law Firm Suwon, Attorneys Jeon Jong-Un et al.

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On April 30, 2008, the defendant was sentenced to one year of suspension of the execution of three months for a violation of the Labor Standards Act in the Gunsan Branch of the Jeonju District Court on July 25 of the same year. On January 22, 2010, the Gwangju High Court sentenced four years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the same year, and the above judgment became final and conclusive on July 15 of the same year.

On September 2, 2003, the Defendant entered into a check contract with the Jeonbuk Bank under the name of the Defendant, and traded the check number per unit.

On July 21, 2006, at the office of the defendant in Jeonju-si ( Address 5 omitted), the defendant issued one check number "( check number omitted), face value, and one check number per bank in the name of the defendant under the name of the defendant whose issue date is blank, in order to secure the liability for indemnity against the guarantee construction of the reconstruction apartment complex 1 complex constructed by the defendant.

On December 11, 2009, the Defendant: (a) exercised the right to supplement the blank on March 30, 2010; (b) filled up “12,585,000,000 won”; and (c) on April 2, 2010, the Defendant offered the payment proposal to the said bank; (d) on March 30, 201, the Defendant did not receive the disposition of suspension of transaction.

1. Partial statement of the defendant;

1. A written accusation;

1. The statement of the defendant and non-indicted 11 concerning the suspect interrogation protocol against the defendant

1. A copy of a check;

1. A certificate of security;

1. A partnership housing construction guarantee, partnership housing construction guarantee, partnership housing construction guarantee, application form, partnership housing construction guarantee agreement;

1. The written guarantee for housing allotment, the terms and conditions of housing allotment guarantee, the detailed statement of the amount guaranteed, and the detailed statement of sale guarantee;

1. A certificate of completion;

1. Before ruling: Criminal records, previous records of disposition and confirmation, and investigation reports (attached to an appellate judgment against a suspect, and attach a judgment of concurrent crimes);

1. Article applicable to criminal facts;

Article 2 (2) and (1) of the Illegal Check Control Act (Selection of Imprisonment)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The provision that payment was proposed at the time of three years or more after the issuance of the check, and the principle of equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act)

1. As to the assertion that no intention had been made

The elements of the crime of Article 2 (2) of the Illegal Check Control Act are stipulated that the person who has issued or prepared a check shall not pay it on the date for presentation, due to the shortage of deposits, the suspension of transactions, or the cancellation or termination of the check contract, after issuing the check, and it is anticipated that the check will not be paid on the date for payment due to the shortage of deposits, etc., as well as the case where the check is issued after the issuance of the check, the violation of the Illegal Check Control Act is established even if the intention for the crime was committed from the time of occurrence of the occurrence of the situation such as the shortage of deposits or the cancellation or termination of the check contract, etc.

2. As to the period of extinctive prescription for filling blank

According to the above macroscopic evidence, the non-indicted 1 corporation (the non-indicted 1 corporation in the judgment of the Supreme Court) operated by the defendant entered into a housing guarantee contract with the cooperative housing construction contract and a housing sale guarantee contract with the non-indicted 1 corporation, and the non-indicted 1 corporation issued the check of this case in order to guarantee the right to indemnity under the above two guarantee contracts held against the non-indicted 1 corporation due to the occurrence of the guarantee accident, and the Korea Housing Guarantee Co., Ltd. issued the check of this case in order to guarantee the right to indemnity under the above two guarantee contracts with the non-indicted 1 corporation. The Korea Housing Guarantee Co., Ltd., in accordance with the partnership housing construction guarantee contract and received the authorization of completion from the military Si on December 11, 2009. According to the partnership housing construction guarantee contract, since the right to indemnity held by the Korea Housing Guarantee Co. 1 corporation in the non-indicted 1 corporation was completed at the time of the completion of the guarantee obligation, its right to indemnity the check of this case will not be accepted lawfully by the defendant's defense and the defendant's assertion.

Judges Lee J-young