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(영문) 서울서부지방법원 2012.10.31 2012고단1275

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 17, 2000, the Defendant entered into a contract for the establishment of new offices and new offices with the Seoul Bank (former Han Bank) in the name of the Seoul Bank and entered into a contract for the establishment of new offices under the name of the Seoul Bank (former Han Bank) in the name of the wife C and entered into a transaction of the current shares.

1. On May 20, 2010, the Defendant, in collusion with C on May 20, 201, issued one check number “F”, “10,000,000,000”, and one check number per bank under C’s name with the blank of date of issuance “C” as of February 25, 2012, and the G, the holder of which was the date of issuance, presented payment as of February 25, 2012, but did not receive the shortage of deposit. On September 16, 2010, the Defendant issued a check number “H”, “10,000,000,000,000”, and paid one check number per bank under the name of C with blank of date of issuance “C” as of September 16, 2010, in collusion with C, and paid one deposit amount as of February 23, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor and police interrogation protocol regarding C (including the statement of the accused);

1. The prosecutor's statement concerning G;

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

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent offenders, the Defendant is the first offender and reflects the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, but the amount of the unpaid check is large and the amount of damage was not recovered at all. Therefore, a sentence shall be imposed.

However, in order to secure the repayment of the underlying claim for the check number ‘F' statement, a voluntary auction is underway against the right to collateral security established on the apartment owned by the Defendant's wife C, and the Defendant recovered the check.