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(영문) 수원지방법원 성남지원 2019.06.26 2019고단701

부정수표단속법위반

Text

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

Reasons

Punishment of the crime

From May 30, 1996, the Defendant entered into a contract of household check at the border point of B Bank, and issued a coefficient check.

around June 2002, the Defendant issued one check number "E", par value "5,00,000,000, and the date of issuance " July 2, 2002" in the D frequency of Defendant's operation in Gwangju City, the Defendant issued one check under the name of the Defendant, which is "E", "5,00,000,000," and presented the payment on July 2, 2002, which is within the time limit of payment, but did not pay for the shortage of deposits, as shown in the attached crime list from around that time to September 9, 202, and each holder issued a payment proposal within the period of payment, but did not pay for the shortage of deposits.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to each accusation (a detailed statement of information on a check and a copy of a check) and each indictment;

1. Article 2 (2) and (1) of the Control of Illegal Check Act (amended by Act No. 10185, Mar. 24, 2010) applicable to the crime and Article 2 (2) and (1) of the former Enforcement Decree of the Act on the Control of Illegal Check (amended by Act No.

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, issuance, etc. of illegal checks [Type 1] the issuance and preparation of illegal checks / Check section [the area of recommendation and recommendation range] without any person [the scope of recommendation and recommendation range] basic area, imprisonment for six months through one year and six months;

3. The amount of the check issued and paid by the Defendant under the circumstances unfavorable to the determination of the sentence reaches the total of KRW 100 million (it is reasonable to view that the actual value is larger than the current KRW 100 million since the time when the offense was committed in 2002).

It seems that the damages of the check holders have not been completely recovered.

The defendant left the Republic of Korea on July 3, 2002 immediately after committing the crime and temporarily locked overseas for about 16 years.