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A defendant shall be punished by imprisonment for two years.
Of the facts charged in this case, the Illegal Check Control Act as to No. C is violated.
Reasons
Punishment of the crime
[2015 Highest 2114] The Defendant is the representative director of D (State). From July 15, 2013, the Defendant entered into a check contract in the name of the Bank Kimpo branch of Korea and the above D (State).
around December 31, 2013, the Defendant issued 18 copies of the check number “F”, “59,00,000,000 won”, and issued one copy of the check number per bank in the name of “D” on September 20, 2014 of the “Date of Issuance,” and, from that time to August 22, 2014, issued 18 times in total (excluding 3,4,6,7,14 Nos. 50,000,000 won per face value per share, and each of the holders of the checks did not receive a disposition of suspension of transaction, even if the check was presented to the Bank within the period of time for payment.
[2015 Highest 2905] From around 2005, the Defendant, while operating H which produces shopping bags in Bupyeong-si G around April 2007, purchased all of the factory sites, buildings, and machinery located in the Kimpo-si I and operated the said factory after relocating the said factory. Since around 2012, the Defendant established D Co., Ltd., a company producing agricultural and industrial vinyl, and operated it together with the above industrial company. At that time, the Defendant expanded its business such as constructing a site and building by additionally adding KRW 3.8 billion to the site of the above Kimpo-si, and purchasing additional machinery.
On July 31, 2014, the Defendant stated that “A victim M who carries on the medical waste transport business with the trade name of L Co., Ltd. at the Nam-gu J and K Office of Law Firm 102, Nam-gu, Incheon, the Defendant discounted the number of a unit of 30 million won in the name of D Co., Ltd. (N). It would provide a machine equivalent to KRW 800 million in the name of D Co., Ltd. as security.”
However, in fact, from December 31, 2013 to July 23, 2014, the Defendant had already issued a check of the number of shares equivalent to KRW 360 million in the name of the said D Co., Ltd., and extended the business as above.