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(영문) 서울남부지방법원 2017.12.13 2016고단4837
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 28, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on February 28, 2017, and this judgment became final and conclusive on October 12, 2017.

1. Around August 18, 2014, the Defendant issued a promissory note (F) with a face value of KRW 250 million from E, the date of issuance August 18, 2014, and offered the said promissory note as security by borrowing KRW 250 million from G on September 18, 2014 with the delivery of the promissory note (F) as of September 18, 2014, and extended the payment date by January 20, 2015 with E’s permission.

On January 19, 2015, the Defendant made a request for the extension of the payment date of the said promissory note by phone to E at a coffee shop where it is impossible to know the trade name near the Songpa-gu Seoul Songpa-gu Office, and made a request on February 20, 2015. However, upon refusal, the Defendant changed the payment date of one promissory note in the name of E, which is a securities, to use a testing pen to “2” for the purpose of exercising the payment date indicated under the crossing line as indicated on the upper part of the said promissory note, by converting one of the payment date indicated on the upper part of the said promissory note into “1” through a testing pen, and exercised it by delivering the altered promissory note to G as if it was actually prepared.

2. When the Defendant, at the same time and place as in paragraph 1, failed to repay the amount borrowed as collateral of a promissory note, as in the foregoing paragraph, G, he received a demand from G to prepare and request a power of attorney to promise to pay the borrowed amount, and he received a demand from G to prepare a power of attorney, even though he did not have any permission on the preparation of a power of attorney, G is entitled to exercise all the rights of the issuer’s agent with respect to the amount of KRW 250,000,000 in face value of the issuing number of a promissorysory note, and if any, he shall be liable for civil and criminal liability).

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