beta
(영문) 광주지방법원순천지원 2020.10.07 2020고단452

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Around June 3, 1987, the Defendant entered into a check contract with B bank net point in the name of the Defendant and was subject to a disposition of suspension of transaction by the said bank on September 3, 2019 while trading household checks under the name of the Defendant.

around August 30, 2019, the Defendant issued a check number “E”, par value “5,00,000 won”, and issuance date “B bank bank check under the name of the Defendant, which is the date of issuance, at the Defendant’s D agency operated by the Defendant in the net city C, and issued one copy of B bank bank check under the name of the Defendant, “E”, “E”, “5,000,000 won”, and at around August 30, 2019, the F Bank’s net branch, which is the holder of the said check, issued the check at the above bank around August 30, 2019, but did not receive as a disposition of suspension of transaction. From that time to September 25, 2019, the Defendant issued a check ten copies of the household check total face value of KRW 50,00,000,0000 in total, and received as a disposition of suspension of transaction or issued it after being issued by the said bank.

Summary of Evidence

1. A written accusation by the police against the defendant's legal statement G and a copy of each check;

1. Details of deposit transactions and investigation reports (applicable to telephone communications between a suspect A and a witness G) to the Acts and subordinate statutes;

1. Article 2 (1) 2 of the Control of Illegal Check Control Act (the issuance of a check after the disposition of suspension of transaction), Article 2 (2) and (1) of the Control of Illegal Check Control Act (the point of insolvency due to the disposition of suspension of transaction after the issuance of a check), and the choice of imprisonment with prison labor;

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 recommended sentences according to the sentencing criteria;

A. Violation of the Control of Illegal Check Control Act [Determination of Punishment] Issuance, etc. of Illegal Check (Type 1] / Issuance and Preparation of Illegal Check / Check / No. 1).