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(영문) 광주지방법원 순천지원 2017.02.15 2016고단2358

부정수표단속법위반등

Text

A defendant shall be punished by imprisonment for a term of six months and a fine of five hundred thousand won.

However, it shall be sentenced to imprisonment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 25, 2016, at around 13:00 on May 25, 2016, the Defendant, in violation of the Illegal Number Control Act, copied two copies of the 100,000 KRW 100,000,000,000 issued by the Defendant’s office at the Defendant’s office located in Net City B, with a view to exercising the check (C)

In this respect, the Defendant forged two copies of the check.

2. On May 25, 2016, the Defendant: (a) sent to D a forged bill under the pretext of money as if it was a genuine check, which was parked on a road near the Taecheon-si Elementary School on May 25, 2016.

In this respect, the Defendant exercised a forged pay-free security.

Summary of Evidence

Application of the police statement law to E of the defendant's court records of seizure, list of seizure, photograph of seized articles D,

1. Relevant legal provisions concerning facts constituting an offense, Article 5 of the Control of Illegal Check Act (the point of a check) and Articles 217 and 214 of the Criminal Act (the point of exercising forged securities), imprisonment with prison labor, and fines concurrently;

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

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The sentencing of Article 334(1) of the Criminal Procedure Act against the defendant for the reason of sentencing of the provisional payment order shall be determined in consideration of the defendant's age, sexual conduct, environment, circumstances after the crime, etc.