(영문) 서울중앙지방법원 2016.11.22 2016고단7111

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(영문) 서울중앙지방법원 2016.11.22 2016고단7111

부정수표단속법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(State)The Defendant, as the representative director of C, has concluded a current check contract with the U.S. Center Branch of Japan Bank from November 1, 1995, and has traded checks.

Around May 14, 1998, the Defendant issued one check number “E”, face value “121,690,000 won”, and the date of issuance “C” under the name of “E” and falsely reported that the check was lost at the Spanco Center in Gangnam-gu Seoul, Seoul, as of the same day with a view to evading the payment of the check amount or the disposition of suspension of transaction, while the Defendant presented a proposal for payment on July 3, 1998 by the holder on July 3, 1998.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement and an explanatory note of G and H;

1. A written accusation;

1. The application of Acts and subordinate statutes, such as a copy of the current number of shares, a written request for dishonoring alteration, a copy of the current number of shares, etc.;

1. Article 4 of the Control of Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010); and the choice of imprisonment with prison labor

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the face value of the unit value per unit that the defendant falsely reported as lost checks exceeds KRW 12,1690,000,000,000, and that the defendant escaped to the United States after the crime of this case. Considering the fact that the defendant recognized the criminal facts of this case, the fact that the management situation of the company that the defendant operated in the past becomes worse due to the depression of the IMF financial crisis, which led to the crime of this case. In other words, the defendant issued a promissorysory note with the face value of 28,160,000,000,000 won at the face value of the company issued by the Busan Industrial Co., Ltd., Ltd. for the purpose of security. In the process, the defendant issued a promissory note with the F's request, and the endorsement was made in the name of (C) in the name of the new

참조조문

-부정수표 단속법 제4조

-형법 제62조 제1항

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