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(영문) 수원지방법원 여주지원 2017.01.11 2016고단1033

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for a year and a fine of 15,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] On April 6, 2016, the Defendant was sentenced to 4 years of imprisonment and a fine of 5 million won on April 22, 2016 by committing a violation of the Illegal Check Control Act at the Suwon Flag Flag.

[2] On September 16, 2010, the Defendant entered into a contract with B to take over C (State) from around September 16, 2010, and then, around October 13, 2010, the Defendant agreed to issue 10 copies of the check paper that B had entered into a contract with the Bank of Korea under the name of the said legal entity upon the completion of the contract for taking over the check paper, and had been in custody by the teachers at around that time. On November 11, 2010, the Defendant forged the check paper under the name of the said legal entity from around February 25, 201, including the issuance date “C (State) representative director B,” “11, 2010,” “16,000,000 won at face value” and “10,000 won at the face value, and forged the check paper under the name of the said legal entity from around February 20 to 25, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A criminal investigation report (Submission of suspect data);

1. Each accusation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 5 of the Control of Illegal Check Act concerning facts constituting an offense;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the Defendant had a record of criminal punishment several times, and the Defendant appears to have suffered significant property damage to the check holders due to the instant crime. The crime of forgery of check is an offense that impairs the safety and trust of transaction and requires strict punishment, and the Defendant is against the Defendant’s wrong recognition of his/her fault. The crime of forgery of check is against the latter part of Article 37 of the Criminal Act, and the crime of violation of the Act on the Control of Illegal Check and the latter part of Article 37 of the Criminal Act.