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(영문) 서울남부지방법원 2018.11.29 2015고합485
부정수표단속법위반등
Text

Defendant

A As for the remaining crimes except for the false accusation in judgment, it shall be sentenced to imprisonment with prison labor for 4 years, and a false accusation in judgment.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendants' right of defense.

[criminal records] Defendant A was sentenced to one year and six months of imprisonment for fraud, etc. at the Sungnam branch support on November 3, 2009, and three years of imprisonment for a crime of fraud, etc. On January 12, 201, Defendant A was sentenced to imprisonment for four months at the Suwon branch support center on January 12, 201, and completed the execution of each of the above punishment at the Speaker’s prison on July 4, 2013. On February 6, 2015, Defendant A was sentenced to one year of imprisonment with prison labor for forgery of private documents, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on December 10, 2015.

[2] Defendant A is a person who actually owns and operates L Co., Ltd. (hereinafter “L”) in Guro-gu Seoul Metropolitan Government (hereinafter “L”) and Defendant B is the representative director of the said company.

From February 24, 2014, Defendants entered into a check contract in the name of MB’s branch office and Defendant B from MB bank and have traded over the check.

In collusion, the Defendants issued a check number “N”, “8,00,000 won”, “8,000 won”, and “one copy of the check for each bank” from around the above time to March 20, 2015, in collusion with L office on January 28, 2015, the Defendants issued a check number of KRW 20, the sum of the check amount to KRW 249,306,160,160 in total, as indicated in the following: (a) from around the above time to March 20, 2015; and (b) issued one copy of the check for each bank; and (c) issued a check for each account from around March 28, 2015 to March 20, 2015.

Part of the accusation states the reason for refusal of payment of a check as “after the suspension of transaction”.

However, in full view of the Defendant’s assertion (this part of the facts charged is recognized by the Defendant) or the statement of the person who received the check, the check on the check entered after January 29, 2015, which was issued by the date of refusal of payment, appears to be a date check.

A bearer shall present a check for payment in breach of a special agreement before the date on which the check is issued.

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