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(영문) 인천지방법원 2014.11.28 2014고단4097

부정수표단속법위반

Text

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

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

Reasons

Punishment of the crime

From December 2, 2008, the Defendant entered into a check contract with the agricultural North Incheon Branch Office and the Defendant under the name of the Defendant, and has traded the check of the number of shares.

On June 2013, the Defendant issued one check number “E”, the check amount, and one check number per bank under the name of the Defendant, whose date of issuance is blank, at the D office operated by the Defendant in Gyeyang-gu Incheon, Gyeyang-gu.

The Defendant, on September 30, 2013, by exercising the right to supplement the check in blank, presented the check amount “28,000,000 won” and “the date of issuance” to the above bank on September 30, 2013, which was within the period of presentation for payment, but did not receive the suspension of transaction.

The Defendant issued, in the same manner, three copies of the check amount and the total number of units of the above bank, the date of which is blank, and each check holder presented payment to the above bank within the time limit for payment by exercising the right to fill the blank, but did not pay the same as the suspension of transaction.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The prosecutor's statement concerning H;

1. Application of Acts and subordinate statutes to each accusation, a copy of a check, and a certificate of granting a blank check;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning a crime, Article 2 (2) and (1) of the Act on the Control of Illegal Check of Punishment

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act reflects the instant crime. The primary offender is a favorable condition, and the fact that the damage has not been recovered due to a favorable condition is considered, and the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc. shall be determined in light of the following factors.