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(영문) 대구지방법원 서부지원 2020.04.02 2019고단1398

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 1994, the defendant was the representative of C in Daegu-gun, and entered into a contract with the Seongbuk branch of D Bank and entered into a check with the defendant on October 7, 1994, and traded household checks.

On September 19, 2018, the Defendant issued a check number E, face value E, 5,000,000, and one copy of the household check under the Defendant’s name as of February 9, 2019, which was the date of issuance, in the above C office, and issued 14 copies of the household check totaling KRW 65,000,000, as shown in the attached list of crimes, until January 15, 2019.

However, each holder of the check presented each payment to the above bank within the time limit for presentment of payment, but did not pay each for the shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to accusation and check copies;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning a crime, Article 2 (2) and (1) of the Act on the Control of Illegal Check of Punishment

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 (hereinafter “the grounds for suspended sentence”), including the following: (a) the reason for suspended sentence, which is favorable to the defendant in terms of “the reason for suspended sentence”, has no criminal record of having been punished for the same criminal record; and (b) the defendant must care for his/her spouse who is administered in secret)

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the issuance, preparation, and issuance, etc. of illegal checks [Type 1] No person [the scope of recommending field and recommendation] basic area, imprisonment for six to one year and six months [the general person in prison] - The elements of mitigation: The serious reflective nature [the grounds for suspension of execution] - The grounds for suspension of execution include serious reflectiveness, no criminal record of suspension of execution, defendant's detention is accompanied by excessive difficulty to his/her family members;

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;