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1. As to Defendant C’s violation of the Illegal Check Control Act among the facts charged against Defendant C 2017 Highest2437.
Reasons
Punishment of the crime
Defendant
C On June 20, 2012, the Seoul Southern District Court sentenced two years of suspended sentence to the violation of the Illegal Check Control Act at the Seoul Southern District Court on August 3, 2012, and the judgment became final and conclusive on November 3, 2012, and on October 12, 2012, the Busan District Court sentenced three years of imprisonment to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on March 8, 2013.
1. On July 18, 2011, Defendant C reported that, at the E Bank F branches located in Yangcheon-gu Seoul Metropolitan Government E BankF on July 18, 201, the check number was lost, the check number was “G”, the date of issuance “ September 20, 201”, and the check amount was “one billion won.”
However, the above statement of the number of units was lost because Defendant C borrowed KRW 40 million from the I on June 2, 201 to H Co., Ltd for the purpose of operating H Co., Ltd., and it was not a list of units lost because it was normally issued and delivered to I as collateral.
Accordingly, Defendant C made a false report to the financial institution in order to avoid the payment of the check amount or the suspension of transaction.
2. On August 16, 2011, Defendant C reported on August 16, 201 that, at E Bank F branches in Yangcheon-gu Seoul, E BankF branches in Yangcheon-gu, Seoul, the check number J, the date of issuance, and the check amount were lost the number of shares per E Bank under the name of H Company in blank.
However, the above statement of the number of units was lost by Defendant C from June 2, 201 to Defendant C borrowed KRW 40 million from H Co., Ltd. for the purpose of H Co., Ltd.’s operating funds, and it was not a list of units that was normally issued and delivered to I as collateral.
Accordingly, Defendant C made a false report to the financial institution in order to avoid the payment of the check amount or the suspension of transaction.
Summary of Evidence
1. Defendant C’s legal statement
1. Investigation reports (verification of loss reports on the number of units);
1. Application of Acts and subordinate statutes on cashier's checks;
1. Article 4 of the Control of Illegal Check Act concerning the facts constituting an offense and Article 4 of the Act on the Control of Irregular Check of Punishment;
1. The Criminal Act dealing with concurrent crimes;