Text
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From June 22, 2015, the Defendant entered into a check contract with the said company in the name of the said company from June 22, 2015 to the actual operator of the Bank of Korea in Namyang-si, and G is the representative director of the said company.
1. On November 2015, the Defendant, in collusion with G, issued a check number “H”, “H”, “one billion won”, and “public notice” in the name of the F Co., Ltd. in the F Co., Ltd. In order to issue one copy of the check of the said bank, which became the name of the F Co., Ltd. in the name of the
The holder of the check at issue entered the date of issuance in March 4, 2016 and presented the check on March 7, 2016, which was within the period for presentation, but the Defendant did not receive the suspension of transaction.
2. On August 2015, the Defendant, in collusion with G, issued one copy of the check number “I”, “10 million won”, “10 million won”, and “one copy of the check of the bank at issue date” at the F Office of the Bank in question, and issued on December 1, 2015 with the date of issuance “F Office of the Bank” as “F Office of the Bank.”
The holder of the check presented the check on December 24, 2015, which is within the time limit for presentation, but the Defendant did not receive the suspension of transaction.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness J, G and K;
1. Legal statement of L partially every witness;
1. A letter of performance and a certificate of performance;
1. A copy of each check [in full view of the developments leading up to the establishment of F, management form, relationship between G and the Defendant, the process and details of preparation of the statement of performance, and the circumstance leading up to the issuance of each check as stated in the judgment of the court below (hereinafter “instant check”), it is sufficiently recognized that the Defendant issued the check of this case with respect to the obligations owed to J during the process of operating the said company as the actual operator of F, as the above company]
Application of Statutes
1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check.