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(영문) 춘천지방법원 강릉지원 2013.06.05 2012고단910

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 5, 2012, the Defendant was sentenced to two and a half years of imprisonment for fraud, etc. at the Gangseo branch court of the Chuncheon District Court, and the judgment became final and conclusive on May 23, 2013.

【Criminal Facts】

Since December 3, 2001, C Limited Partnership Co., Ltd. (hereinafter referred to as “C”) entered into a check contract with the Yang-gun branch of the National Agricultural Cooperative Federation and entered into a check contract, and the Defendant was actually operating after acquiring C from D and E on November 5, 201, and registered F as a representative in its name, and thereafter made transactions with the above bank.

On December 6, 2010, the Defendant, in collusion with D and F, issued a check number “K”, check amount “10,000,000 won”, and issuance date “C’s check number” in the H office located on the second floor of the G Building in Yangcheon-gu Seoul Metropolitan Government, and issued a copy of the check number in the name of C, which is the other party to the transaction, at the H office of the H office located on the second floor of the G Building in Yangcheon-gu Seoul Metropolitan Government, and the said check was presented to the said bank on December 28, 201, but the said check was not paid due to the shortage of deposit.

In addition, the Defendant issued 80,500,000 won in total on the six check amount per unit table as shown in the attached table of sight, and did not pay on the date of presentation due to shortage of deposits.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol on F or D;

1. Statement to E by the police;

1. Each accusation, investigation report (Attachment to the name cards used by A), business agreements, promissory notes, and statement of approval on the check of the number of units, and investigation report (report on the current status of the number of units already collected);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Control of Illegal Check which enables

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, issuance of a check number which is heavier than Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act;