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(영문) 서울북부지방법원 2018.02.21 2017고단4447
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around January 22, 2010, the Defendant entered into a check contract with a branch office of the National Bank of Korea and the Defendant in the name of the Defendant and traded household checks.

On December 15, 2016, the Defendant issued one copy of the check number “E”, the face value “5,00,000,000”, and the date of issuance “E” under the name of the Defendant at the D office located in Jongno-gu Seoul Metropolitan Government C2, and one copy of the bank household check.”

On March 15, 2017, the holder of the check presented the check payment period.

However, from December 15, 2016 to March 7, 2017, the Defendant issued the said bank’s checks worth KRW 95,000,000 in the name of the Defendant over 19 times, as shown in the list of crimes committed in the attached Table, including the fact that the Defendant did not receive deposits, and then did not receive a suspension of transactions or a shortage of deposits.

On January 23, 2017, the Defendant made a false statement to the effect that “H” operated by the victim G of Jongno-gu Seoul Metropolitan Government F 306 on January 23, 2017, “H,” the Defendant made a false statement to the effect that “The two copies of the KRW 5 million household check, one of which is within theme to ensure that the check is settled on the date of presentation of the check, may be discounted in cash.”

However, the defendant did not have the intention or ability to settle the check even if he pays it to the complainant.

In the end, the Defendant, by deceiving the victim as above, was delivered KRW 9.5 million to the National Bank Account (I) in the name of the Defendant from the injured party under the name of the Defendant, for two copies of the household check (J and K) at a discount.

Summary of Evidence

"2017 Highest 447"

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each accusation and copy of a check "2017 Highest 5,385";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 2(2) and Article 2(1) of the Control of Illegal Check Act (the issue of an illegal check) regarding criminal facts, Article 347(1) of the Criminal Act (the point of fraud) of the same Act, and Article 1.5 of the same Act, respectively.

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