Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Punishment of the crime

[criminal record] On August 30, 2012, Defendant A was sentenced to two years and six months of imprisonment for fraud, etc. at the Busan District Court on March 22, 2014, and completed the execution of the sentence at the Jinju Prison.

[2] The Defendants: (a) issued the check under the name of the representative director D of the company, and lent it to other persons while operating the Co., Ltd.; (b) and (c) conspired to report the loss of the check or to report the alteration thereof in order to be exempted from the disposition of suspension of payment or transaction in a case where persons borrowing the check fail to pay the check amount.

As above, the Defendants offered a false report to the above F Bank on August 11, 2015, at the location of the bank of the Nam-gu building F in Busan, Busan, and upon the Defendants’ offering, H, holding one copy of the face value of KRW 43.5 million per unit check in the name of C representative director D, Co., Ltd. (hereinafter “C representative director”) issued by the Defendants. The Defendants falsely reported to the said F Bank to the effect that “The said check was issued with the issue amount at KRW 10 million, and the amount of the check was issued at KRW 43.5 million.” From that time to January 8, 2016, the Defendants made a false report on the said change to the financial institution as to the four copies of the check issued D representative director C, a corporation, in order to avoid payment of the check amount or suspension of transaction in the same manner as indicated in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning I, D, J, K, and L;

1. Each accusation;

1. Previous convictions: (A) a response to inquiries, such as criminal history, (A), a report on investigation (verification of suspect A repeated offense), a copy of the judgment, and the application of Acts and subordinate statutes on the acceptance status

1. The Defendants: Article 4 of the Control of Illegal Check Act, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

2. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

3. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

4. Defendant B of suspended execution: Article 62(1) of the Criminal Act (No. 5).