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(영문) 의정부지방법원 2013.05.31 2013고단515

부정수표단속법위반

Text

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

Reasons

Punishment of the crime

On August 26, 2010, the Defendant entered into a check contract with a branch office of a national bank in the name of the Defendant, and traded household checks.

On May 25, 2012, the Defendant issued a check number E, face value E, 5,000,000, and the date of issuance on July 16, 2012, the Defendant issued one copy of the household check in the name of the Defendant, the bank, from that time until July 5, 2012, as shown in the list of crimes.

The check was presented to the above bank during the period when the check was presented for payment, such as the crime sight table, but the defendant did not pay the check for the shortage of deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of the Acts and subordinate statutes governing copies of checks;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with regard to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Prevention of Illegal Check

1. From among concurrent crimes, a sentence equivalent to the nature of the crime is inevitable for the accused, taking into account the fact that the amount of a check not yet recovered for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the larger amount than 150 million won;

However, it is decided as per Disposition in consideration of favorable circumstances, such as the fact that the defendant has no particular criminal record in addition to the minor fine twice, and that the defendant collected eight (40 million won) from among the defaulted checks in Chapter 39 up to now.