Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, for two years from the date this judgment has become final.

Punishment of the crime

[Criminal Justice] On October 16, 2013, Defendant B was sentenced to six months of imprisonment and one year of suspended execution on October 24, 2013 by the Seoul Southern District Court for the violation of the Illegal Check Control Act. The judgment became final and conclusive on October 24, 2013.

【Criminal Facts】

Although the Defendants did not have the ability to pay bills or checks issued by Defendant B, the Defendants offered money to the victim F as collateral for bills or checks to use the money for settlement of bills or checks issued by Defendant B.

Defendant

B, around May 16, 2013, at a place where the place is unknown, Defendant B issued a check (the check amount: 40,000,000 won, the check number: G) one copy of the check issued by Defendant B, and made Defendant A borrow money as security, and Defendant A issued a check to the victim F on the same day, and “I would normally make settlement within two months if I lend money as security.”

However, the facts are as follows: (a) the H company, operated by Defendant B, paid approximately KRW 4.8 billion in sales in 2012; (b) the total amount of bills issued for the current financial transaction without any spot transaction was KRW 1.0 billion; (c) there was no financial burden by paying interest at a high rate of KRW 5% per month; and (d) in order to settle a loan bill and a check issued by Defendant B, the H company was required to issue a new loan bill and a check, and thus, it did not have any intent or ability to pay money on the date of the check even if it borrowed money from the victim, as agreed by the victim.

On the other hand, Defendant A was using at a discounted rate of approximately KRW 580,000,000 on the total amount of the bill at issue from Defendant B, and Defendant B was well aware of the fact that he was unable to refund the bill as above, and even if he borrowed money from the victim, Defendant A did not have any intent or ability to pay money on the date of the check as agreed.

Nevertheless, the defendant A belongs to this.