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Defendant
A Imprisonment of 10 months and fines of 5,000,000 won, Defendant B and C shall be punished by imprisonment of 8 months and fine of 3,00,000 won.
Reasons
Criminal facts
Defendant
A is the representative director of G Co., Ltd. (hereinafter referred to as "Co., Ltd.") and Defendant B is the president of the G Co., Ltd., and Defendant C is the vice-president of the G Co., Ltd.
1. On June 30, 2007, the Defendants in violation of the Illegal Check Control Act entered into a contract to lend KRW 5 billion to H, and as a security, received from H three copies of the check amount and the check amount issued at H, which are blanks of the date of issuance (the Bank of Mine Co., Ltd., the Bank of Mine Co., Ltd., I-J) and delivered KRW 500,000,000,000,000 as a loan.
In addition, on July 10, 2007, the Defendants received all the principal and interest of the loan at the time of payment proposal after supplementing the face value of 568,501,360 won, including the above loan principal and interest, to one of the check numbers I among the check numbers of the above blank units.
그럼에도 피고인들은 H 발행의 백지 당좌수표 나머지 2장(수표번호 K ~ J)을 소지하고 있음을 기화로 아무런 권한 없이, 2008. 6. 19.경 시흥시 L공단 1다604호 G㈜ 사무실에서 수표금액 란에 “壹百五拾億원”, 발행일 란에 “2008. 6. 19.”이라고 각각 기재하였다.
Accordingly, the Defendants forged two copies of H-issuance Check without authority.
2. On June 19, 2008, the Defendants demanded the distribution by reporting the claim amounting to KRW 38.5 billion in the course of the proceedings of the real estate auction case (e.g., Gwangju District Court 1201 Gwangju District Court Maamamam-dong 1201), for the real estate owned by the victim H, by means of filing a report on the claim amounting to KRW 38.5 billion with respect to the real estate owned by the victim H, and exercised two copies of the forged check as if they were actually issued to the public official in charge of the Maam-dong branch of the Gwangju District Court Maam-dong 1201.
Afterwards, the defendants want to deceiving the judicial assistant officers belonging to the above wooden support who are in charge of the above voluntary auction case and receive the dividends of 38.5 billion won, but apply for auction.