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(영문) 서울북부지방법원 2017.08.23 2016고단3879

부정수표단속법위반

Text

A defendant shall be punished by imprisonment with prison labor for four 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

Punishment of the crime

On August 26, 2016, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Illegal Check Control Act in the Incheon District Court’s Vice-Support on August 26, 2016 and the said judgment became final and conclusive on August 17, 2017.

From December 20, 2013, the Defendant entered into a check contract in the name of Kim Jong-po and the representative director G of the KF in Korea, and has transacted over the check.

From July 2015 to September 2015, the Defendant issued one check number “I”, “20 million won”, “date of issuance”, “12 October 12, 2015”, and “one check number per bank in the name of the drawee and the place of payment (state) under the name of the representative director G of the Bank in Korea, at the time of presentment, to the Bank during the period of presentation, and thereafter, presented that the check holder paid to the Bank during the period of payment, but thereafter, did not pay the suspension of transaction (on September 2, 2015), and issued five face value (in total of 118,000,000) as indicated in the list of crimes, and each holder presented to the Bank within the period of payment, but did not pay the check as a political measure.

No. 1 J 33,00,000, October 12, 2015, the reason for refusal to pay the check number at par value (on the date of original issuance) shall be the summary of the evidence of the crime of suspension 2 K 20,000,000 on October 14, 2015, and of suspension 3 I 20,000,000,000 on October 19, 2015 on October 19, 2015. < Amended by Presidential Decree No. 26777, Oct. 20, 200; Presidential Decree No. 17658, Oct. 12, 2015; Presidential Decree No. 26579, Oct. 12, 2015; Presidential Decree No. 26575, Oct. 73, 200,

1. Statement by the defendant in court;

1. Copies of each accusation and check;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Cases of violation of the Illegal Check Control Act in the judgment on the grounds of sentencing under Article 62(1) of the Criminal Act, and the instant case are concurrently committed.