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(영문) 서울서부지방법원 2014.10.31 2014고단496

부정수표단속법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

From September 11, 2012, the Defendant entered into a check contract in the name of the old bank branch and the Defendant (ju), who is the representative of the Defendant, from September 1, 2012.

On July 15, 2013, the Defendant issued a copy of the number of shares per bank in the name of (ju)C office located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, as well as (E), the check number “E”, the check amount “35,00,000,000,” and the issue date “No. 5, 2013,10.”

On November 5, 2013, the holder of the check presented the payment order to the above bank on November 5, 2013.

However, the defendant did not receive the suspension of transaction.

The Defendant, including this, from around that time to August 15, 2013, issued a sum of 82 million won per unit value per four times in the same manner as indicated in the attached list of crimes at the above office, and proposed that the holders make payment within the period for which the payment was made, but the Defendant did not receive each payment as a disposition of suspension of transaction.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the selection of punishment for a crime;

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

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr.