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(영문) 수원지방법원 안산지원 2014.01.29 2012고단2575

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 4, 2011, the Defendant and B jointly committed a check contract with a new bank in the name of C (Representative D) Co., Ltd., Ltd., and have entered into a check contract with a new bank in the name of C (Representative D).

On May 1, 2011, the Defendant, in collusion with B, issued one copy of the check number “F,” “F, 1,656, 834,000 won,” and “F, in the above C office located in Switzerland-si, Chuncheon-si,” and “F, in June 17, 2011,” respectively.

Therefore, the holder of the check presented the payment on June 17, 201, which was within the time limit for presentment of payment, but did not pay the shortage of deposit.

2. The Defendant’s sole criminal conduct issued, around March 201, the check number G, the check number G, the check amount of KRW 25,000,00, and the check holder at C’s name, which read as “the issuance date, June 30, 201,” and “the check holder presented a payment proposal on June 30, 201, which is within the time limit for payment, but did not receive any shortage of deposits.” As shown in the attached list of crimes, the Defendant issued the check number 4 around March 201 and did not receive any shortage of deposits, respectively. < Amended by Presidential Decree No. 23358, Mar. 3, 2011>

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Some police interrogation protocol regarding B;

1. Each report on investigation;

1. Copy of the accusation;

1. Application of the Acts and subordinate statutes of the accusation (G, H, I, and J);

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the Selection of Imprisonment with labor for the crime;

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