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(영문) 울산지방법원 2016.09.13 2016고단2524

부정수표단속법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, while operating the “B” company, concluded a check contract with the Dong-dong branch from January 19, 191 and traded the check.

On May 22, 2012, the Defendant issued one check number D, face value D, 250,000,000, and one check as of August 22, 2012.

However, the check holder paid the check on August 22, 2012, which was within the period of presentation, to the Do Do dong branch, but did not receive due to the suspension of transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

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 Control of Illegal Check of Punishment;

1. Although the amount of a check which has not been used as a reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is not a large amount, the defendant does not issue a check in bad faith, the defendant recovered a part of the check by endeavoring to recover the check which the defendant refused to pay and recover damage and the partial holder does not want to punish the defendant, the holder of the check in this case also seems to have recovered certain damage, the defendant has no previous conviction or two previous convictions, and the defendant's age, sex, environment, etc. including the fact that the company operated by the defendant is not good for dishonor or economic conditions and is not good for the defendant's health conditions such as brain color.