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(영문) 부산지방법원 2014.11.20 2014고단5028
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, entry Nos. 4, 7, 8, 9 of the [Attachment 4] list of crimes.

Reasons

Punishment of the crime

"2014 Highest 5028"

1. From April 26, 2004, the Defendant concluded a check contract in the name of Jeju Bank Busan Branch and E Co., Ltd. (F on December 24, 2013) from around April 26, 2004, and traded the check number.

On October 2013, the Defendant issued one check number “H”, check amount “6,65,50 won”, and the date of issuance “28 February 2014,” in the name of the said E Company, at the office of the E Company operated by the Defendant with the fourth floor of the 401st floor of the G Building in Busan Dong-gu, Busan, and one copy of the check number per bank issued in the name of the said E Company.

On February 28, 2014, the holder of the check presented the check payment order to the Bank.

However, the defendant did not pay for the shortage of deposit.

The defendant, including this, issued 8 copies of the total number of units of the above bank in the same manner, such as the statement in the attached list of crimes (However, the number Nos. 4, 7, 8, 9 is excluded), but did not receive the shortage of deposits or the suspension of transactions.

"2014 Highest 5213"

2. On July 11, 2013, the Defendant called the victim I by phone to the victim I, and the Defendant stated to the effect that “If the company circumstance makes it difficult to prevent bills, etc., and if 1.50 million won are lent, the interest would be paid in 2.6 million won per month and paid in 2.6 million won per month.”

However, the Defendant, at the time of operating the FF corporation, was in excess of the obligation, such as taking out the J, a vessel owned by the said corporation, as collateral, out of the amount equivalent to about 1.755 million won, and bears a debt equivalent to about 1.55 billion won. Therefore, even if the Defendant borrowed the above borrowed money, there was no intention or ability to repay it within the agreed period.

The Defendant, by deceiving the victim as above, received a total of 150 million won from the corporate bank account (Account Number L) in the name of K designated by the Defendant on the same day from the victim and acquired it by defrauded.

"2014 Highest 6162"

3. On December 2013, the Defendant had the fourth 401 floor of the Busan Dong-gu G Building.

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