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(영문) 창원지방법원 2017.04.19 2016고단2617

부정수표단속법위반

Text

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

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

(e).

Reasons

Criminal facts

From December 1, 2008, the Defendant entered into a household check contract with a branch of the National Bank, the name of the Defendant, and traded household checks.

[2016 Highest 2617] around December 2015, the Defendant issued one copy of a national bank bank bank check in the name of the Defendant, “E”, “3,00,000 won” at D offices located on the second floor of the NAF, Kimhae-si, Kim Jong-si, and “the date of issuance” and “the date of the check is June 4, 2016.” The Defendant issued one copy of the check at around June 7, 2016, and issued the check at around June 7, 2016, the check was presented during the period for presentation, but the check was not paid as a suspension of transaction. From that time to May 2016, the Defendant issued the check at least ten times in total, such as (1) No. 4 through 6,8,11, and 16 re-issuance of the check at around 10 times in total, and failed to receive the check within the payment period.

[2016 Highest 3878] On March 14, 2016, the Defendant issued a copy of a check number “F”, “3,000,000 won” in the name of the Defendant at D offices located on the second floor of Kimhae-si, Seoul, the Defendant issued a check number “F”, “3,000,000 won” in the face value, and the check was presented on August 11, 2016 during the period for presentation, but the check was not paid as a suspension of transaction, from that time until May 9, 2016.

No. 3 through 6, the check was issued more than four times in total, such as the previous 3 through 6, but it was not paid within the period for presentation.

Summary of Evidence

1. Statement of the defendant in the third and fourth public trial records;

1. Each accusation;

1. Application of the Acts and subordinate statutes on check transactions;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered in favor of the reasons for sentencing) is as follows.