207 Highest 5044 Violation of the Illegal Check Control Act

Lighting00(72)-11. Labor

Lee Sung-sik

Attorney Park Jong-young (Korean)

April 29, 2008

Defendant shall be punished by imprisonment with prison labor for 10 months. Of the facts charged in this case, each indictment against the violation of the Illegal Check Control Act by each limit of the check in the separate sheet of collection check shall be dismissed.

Criminal facts

피고인은 토목 건축공사의 도급 등을 목적으로 설립된 주식회사 00 토건의 대표이사 및 청량음료 유통업 등을 목적으로 설립된 QQ유통 주식회사의 대표이사이다.

1. On December 20, 2006, the Defendant entered into a party share table contract at the lower end of the 617-12 Busan Bank branch at the bottom of the Busan Seo-gu and the above 00-point branch at the lower end of the 617-12 branch and made a transaction of the party share table.

On March 8, 2007, the Defendant issued one copy of the check number per unit (e.g., 02754975), face value (e.g., 5,000,000 won at face value) and one copy of the check number per bank as of March 8, 2007. On March 9, 2007, the check holder issued the said check number to the above bank on the said bank on March 9, 2007, when the check was presented to pay the said number (e.g., the check number). However, the Defendant failed to pay the deposit amount.

In addition, from the above date to July 3, 2007 to the above 00 office offices, etc., the Defendant had the above e-interest issue an amount equivalent to 312,973,00 won per share as stated in the crime day list 1, and the holder presented a proposal to pay to the above bank within the period of presentment for payment, but did not receive the payment as a disposition of shortage of deposits and suspension of transactions.

2. Around March 13, 2007, the Defendant entered into a party share sheet contract with the 48-2 Kimhae-dong Kim Jong-si, Kim Jong-si and the above sea distribution name, and made a party share sheet transaction.

Around April 17, 2007, the Defendant issued one copy of the said bank’s number per unit (e.g., 00604), par value of 12,000,000, and the date of issuance (e.g., April 17, 2007) at the Dogwon-dong 00 Distribution Office, Kimhae-si, Kimhae-si, the Defendant issued the said number of shares at the above bank on the same day as the date when the check was presented to pay.

However, the Defendant did not receive the disposition of suspension of transaction.

피고인은 이를 비롯하여 위 일시경부터 2007. 7. 10.경까지 사이에 위, QQ유통사무실 등 불상지에서 위 우(0로 하여금 범죄일람표 2 기재와 같이 당좌수표 17매 액면 금 합계 622,500,000원 상당을 발행하도록 하여 그 소지인이 지급제시기간 내에 위 은행에 지급제시 하였으나 예금부족 및 거래정지 처분으로 각 지급되지 아니 하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Application of each accusation, check copy, and statutes;

1. Article applicable to criminal facts;

Articles 3(1), 2(2), and 2(1) of the Illegal Check Control Act

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

As to the facts charged in this case, among the facts charged in this case, that the defendant issued each check on the circulation table of the collection check and failed to pay it as the suspension of transaction as the reasons stated in Article 2(4) of the Illegal Check Control Act and Article 327 subparag. 6 of the Criminal Procedure Act, since the public prosecution in this case was instituted, the defendant recovered the above check, the public prosecution on this part is dismissed.

The reason for sentencing is clear that the defendant did not use each of the illegal checks of this case. However, in the case of a check issued in the name of a stock company, the representative director shall be liable for criminal liability, and the defendant voluntarily lent the name of the representative director in the desire to gain monetary profits, and since the sum of the face value of a check which has not been recovered exceeds KRW 900 million and is very serious, the defendant shall be sentenced to the punishment against the defendant, and considering the circumstances that the defendant did not have any special criminal power and is merely the nominal person, the sentence like the order shall be determined.

Judges Kim 00