beta
(영문) 대전지방법원 2016.04.28 2015고단3038

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 28, 2007, the Defendant entered into a check contract with a Korean bank cancer point and traded a check.

On April 1, 2013, the Defendant issued a check number D, face value D, 5,00,000, and the date of issuance on July 1, 2013, one check issued on July 1, 2013, and offered payment within the payment period by the holder, and made no payment due to the shortage of deposit. From April 2013 to May 2013, 2013, the Defendant issued a family check equivalent to KRW 125,00,000 in total of 25,000, as shown in the separate crime list, and presented the payment within the payment period, but did not receive payment as suspension of deposit or transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 (2) and (1) of the Act on the Regulation of Illegal Check of Punishment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is against and against the defendant for the crime of this case; considerable efforts have been made to recover the check issued by the defendant; the crime of this case was not intended; the defendant has no previous conviction in the same kind and only a single fine for a different kind of crime was committed on the part of the defendant; however, the check which the defendant did not have to pay after its issuance is considered to be more favorable to the defendant; however, it is inevitable to punish the defendant in light of the following: (a) the check which the defendant issued is about 25,00 won; and (b) the total amount of the check which the defendant

In this context, the punishment shall be determined as ordered by comprehensively taking into account the circumstances, motive, degree and result of the Defendant’s commission of the instant crime, circumstances after the commission of the crime, and all the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, sex, environment, etc., and in order to give the Defendant an opportunity to agree.