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(영문) 의정부지방법원 2020.06.24 2019고단2907

부정수표단속법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From May 6, 2013, the Defendant entered into a check contract with B Bank's Hop point and the Defendant from May 6, 2013, and entered into a check contract with B Bank's Hop point and the Defendant to carry out the transaction of the check number.

On March 24, 2019, the Defendant issued one check number “E”, “9,830,000 won”, and one check number per bank in the name of the Defendant as “E”, “9,830,000 won”, and the date of issuance “4, 2019.”

Since then, on April 24, 2019, the period during which the check was presented, the Defendant offered the check to the above bank on April 24, 2019, which was within the time limit for presentment for payment, but did not receive any deposit shortage, and the Defendant, from March 10, 2019 to April 14, 2019, did not pay a total of KRW 89,610,00 in the sum of five copies of the check as shown in [Attachment Table 1, 2, 3, 5, and 6] between March 10 and April 14, 2019.

From May 6, 2013, the Defendant concluded a check contract with B Bank's Hop point and the Defendant from May 6, 2013, and traded the check of the number of shares.

On March 21, 2019, the Defendant issued a check number “F” and the check amount “1,160,000 won” under the name of the Defendant as “F” and “F” at the Dmart office operated by the Defendant in Guro-si, the Defendant issued a one copy of the check number per bank in the name of the Defendant.

Since then, the Defendant presented the check to the above bank on June 12, 2019, which was within the time limit for the presentation of payment by the holder of the check, but was not paid as a disposition of suspension of transaction as of April 26, 2019.

Summary of Evidence

"2019 Highest 2907"

1. The defendant's written accusation (2019 Highest 4781);

1. Defendant’s written accusation;

1. Application of Acts and subordinate statutes to the copy of the check of number of shares;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. The sentencing criteria shall be set.