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(영문) 서울중앙지방법원 2018.05.24 2018고단86
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【The Defendant was sentenced to two years and six months of imprisonment for fraud at the Seoul Central District Court on May 31, 2013, and completed the execution of the sentence at the Seoul Detention Center on May 26, 2015.

【Criminal facts E” concluded a check with a representative under one’s name, who is difficult to conclude a check contract with a bank under one’s own name due to bad credit, and agreed to pay 3 million won per month to the Defendant, and conspired to issue the check under the name of the corporation whose representative director is the Defendant.

E, in collusion with the defendant, who is the representative director of F, has entered into a check contract in the name of the deaf branch of the Bank and F, and has traded the check.

Around June 21, 2016, the Defendant and E in collusion issued a check number I, face value “I”, “15,000,000,000”, and issuance date “F” under the name of “F” in the H E’s office located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu.

On July 22, 2016, the holder of the check presented the check to the above bank on July 22, 2016, which was within the period for presentation, but was subject to the disposition of transaction suspension on July 19, 2016, and was not paid due to the shortage of deposits.

The Defendant and E, as well as the Defendant, from June 20, 2016 to September 16, 2016, issued a sum of 360,50,000 won at the market price over 19 times in total, as shown in the list of crimes in the attached Table of Crimes, and the check was presented to the said bank within the period for presentation, but the check was not paid due to the shortage of deposits, etc., and issued a check after the disposition of suspension of transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness J’s legal statement;

1. The protocol concerning the interrogation of suspects of the accused and E by the prosecution;

1. Statement made to K in the police statement;

1. A written confirmation of each fact of L and M;

1. Copies of each accusation and check;

1. Previous convictions in the judgment: Inquiry about criminal history and investigation reports (the text of the judgment and personal confinement status) (the accused and the defense counsel);

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