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(영문) 인천지방법원 부천지원 2015.02.04 2014고단3028

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Labor Standards Act, etc., and the said judgment became final and conclusive on November 1, 2014.

【Criminal Facts】

As the representative of the C company in Kimpo-si B, the Defendant entered into a check contract with the Bank of Korea from December 16, 2010 and entered into a check contract with the Bank of Korea, and traded the check number per unit.

On May 2014, the Defendant issued a check number D, par value of KRW 50,00,000, and issuance date of the check in the name of the Defendant. Around July 10, 2014, the Defendant issued a copy of the check number of KRW 1 in the name of the Defendant, which was named as “D”, “50,000,000,” and the check was presented within the payment proposal period by the person who presented the check, but did not receive the check on the grounds of

Summary of Evidence

1. Defendant's legal statement;

1. The accusation note E (including a copy of the number of units attached);

1. Previouss before and after judgments: Criminal records, replys to criminal records, and application of statutes (in the case of Incheon District Court Decision 2014 High Court Decision 2292);

1. Article 2 (2) and (1) of the Control of Illegal Check elective for the Crime Act and Article 2 (2) and (1) of the Act on the Control of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. A large amount of the face value of the check that the Defendant did not pay for the reason of sentencing under Article 62(1) of the Criminal Act (the following circumstances favorable to the Defendant among the reasons for sentencing) exceeds 304,250,000 is disadvantageous to the Defendant.

However, the Defendant collected the check amounting to KRW 254,250,000 in total face value, and made efforts to repay the remaining unpaid check amount to the holder of the check (amounting to KRW 50,000,000). The previous record and the instant crime are in a concurrent relationship with the Defendant under the latter part of Article 37 of the Criminal Act, and there are other various kinds of conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, character and environment, the background and motive leading up to the instant crime, and the circumstances before and after the instant crime.