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(영문) 의정부지방법원 2016.10.27 2015고단3088

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the attached Table 1, 7, 15, 17, 18, and 19 are as follows.

Reasons

Punishment of the crime

From April 6, 2006, the Defendant entered into a check contract with the Dongong Central Branch Co., Ltd. and entered into a check contract with the Nong Bank under the name of Dongong Central Branch Co., Ltd.

On February 2, 2012, the Defendant issued one check number “E”, “50,00,000 won for check amount”, and one check number per Nong Bank under the name of the Co., Ltd. Co., Ltd., Ltd., Ltd., in the name of the Defendant in the Steel-gun Co., Ltd., Ltd., and one check number per unit in the name of the Co., Ltd.

On May 15, 2012, the holder of the check presented the check payment to the above bank on May 15, 2012.

However, the Defendant did not pay the above check due to the shortage of deposits, and even from around that time to December 28, 2012, the total number of units per 12 was not paid on the date of presentation due to the shortage of deposits or the suspension of transactions, as shown in the list of crimes (except for 1, 7, 15, 17, 18, 19).

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. A copy of each number of units;

1. Application of Acts and subordinate statutes to a investigative report (verification of the date of actual issuance of an unclaimed check);

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

1. Of concurrent crimes, the total sum of the checks on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent crimes amounts to 1.16 million won, the punishment shall be determined as ordered in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the pleadings, such as the circumstances after the crime, etc.

Public Prosecution Rejection Parts

1. From April 6, 2006, the Defendant entered into a check contract with the Dong branch of the Nonghyup Bank under the name of the Dong branch of the NH Bank and C, and has traded the check number per unit.

On December 2011, the Defendant issued one copy of the check number “F”, “50,00,000 won”, and one copy of the number of shares per Nong Bank under the name of the Nong Bank C, a stock company with the issue date under the name of the Defendant’s management Co., Ltd. in the Steel-gun.

The check;