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(영문) 서울동부지방법원 2014.02.05 2013고단1812

부정수표단속법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

On September 25, 1987, the Defendant entered into a check contract with a single bank branch and traded household checks under the name of the Defendant. On April 5, 2013, the Defendant issued a check number "E", par value "5 million won", and issued a copy of the above bank bank bank check under the name of the Defendant named "E", "five million won", and the date of issuance, and issued one copy of the above bank bank check under the name of the Defendant, "FY 21 June 21, 2013" and issued the check within the period for payment, but did not receive the check as a suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each accusation and copy of a check;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act concerning a crime, Article 2 (2) and (1) of the Act on the Control of Illegal Check of Punishment

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

1. The sentencing reason of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution does not have the history of punishment for the same type of crime; the defendant appears to have been trying to prevent damage, such as collecting part of the checks in default; the defendant recognized and reflected the error; and the sentencing factors such as the amount of the checks in default, the age, occupation and family relationship of the defendant shall be

Public Prosecution Rejection Parts

1. On September 25, 1987, the Defendant entered into a check contract with one bank and traded household checks under the name of the Defendant. Of March 2013, the Defendant issued a check number “F”, “5,00,000,” “F”, “5,000,000”, and “the date of issuance” under the Defendant’s name, which was named as “F”, “F”, “F”, “F”, “F”, and “F. 14, 2013,” and “F. 14, 2013,” and presented a check to the holder within the time limit for payment, but did not receive as suspension of transaction.