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(영문) 의정부지방법원 고양지원 2015.01.15 2014고단711

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the separate entry Nos. 2, 3, 5, and 9 are as follows.

Reasons

Punishment of the crime

From July 17, 2008, the Defendant entered into a check contract with a branch of the National Bank labor union in the name of the Defendant’s management limited liability (D) and has traded the check of the number of shares.

On December 26, 2013, the Defendant issued one check number “F”, “F”, “162,00,000,000 won”, “the date of issuance”, and “the issuer (Limited) D” at the (D) office of the Defendant’s operation (with Limited Liability) Dong-dong, Yongsan-gu, Yongsan-gu, Seoul. In addition, the Defendant issued one check number “F”, “F”, “162,00,000 won”, and “D”.

Around March 26, 2014, the holder of the check presented the check to the above bank, which was within the time limit for presentment of payment, but the Defendant did not pay the check as a disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation (No. 15 No. Serials of Evidence list);

1. Application of the Acts and subordinate statutes as a copy of a check (Evidence No. 16);

1. Article 2(2) and (1) of the Control of Illegal Check Act regarding criminal facts, Article 2(2) and (1) of the Act on the Control of Illegal Check of Punishment, the defendant's reasons for sentencing of imprisonment with prison labor, which infringes on the trust in the transaction of a check by failing to pay one copy of the check amounting to 162,00,000 won, the defendant confessions the defendant, there is no previous conviction and fine exceeding the same kind of punishment, there is no penalty history, all outstanding checks except for the above defaulted checks, collection of all outstanding checks other than the above defaulted checks, and the situation of the defendant's business, etc. shall be sentenced as per the disposition,

Public Prosecution Rejection Parts

1. From July 17, 2008, the summary of the criminal facts, the Defendant concluded a check contract with a branch office of the National Bank Labor Union in the name of the Defendant’s management limited liability D and traded the check of the number of units.

On December 4, 2013, the Defendant issued a check number “G”, check amount “3,53940 won”, date of issuance “ March 2, 2014” and “ issuer(Limited) D” (Attached No. 2) of the said Table of the number of shares of each bank (Attached No. 2) at the (D) office located in Yongsan-gu, Yongsan-gu, U.S. E-dong. on December 4, 2013.

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