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(영문) 광주지방법원 순천지원 2014.06.11 2014고단173

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while selling building materials under the trade name “D” in the net city C, concluded a check contract from March 4, 2013 to November 28, 2013, and traded household checks.

"2014 Highest 173"

1. On October 28, 2013, the Defendant issued a check number E, face value 3,00,000, and one copy of a check of Gwangju Bank in the name of F as of November 28, 2013, which was issued on the date of issuance, and issued on November 28, 2013, when the holder offered the above coefficient to the foregoing Gwangju Bank on November 28, 2013, which was within the period of presentment for payment, but did not pay the shortage of deposits. In addition, the Defendant issued a provisional coefficient equivalent to KRW 57,00,000 in total 19 times as indicated in the crime log (1) and presented a payment proposal within the period of each payment proposal by the holder, but did not pay the shortage of deposits.

"2014 Highest 421"

2. On September 30, 2013, the Defendant issued a check number G, face value G, 3,000,000, and one copy of the G household check in the name of F as of January 29, 2014, the date of issuance, and issued on January 29, 2014. The Defendant issued a provisional coefficient check in the D office, which was issued on January 29, 2014, that the holder offered a payment proposal to the relevant Gwangju Bank on January 29, 2014, but did not receive due to the suspension of transaction, as shown in the attached Table of Crimes (2), and issued a provisional coefficient check in the sum of 15,00,000 won, and the holder presented it within the time limit for payment proposal, but did not receive due to the suspension of transaction.

Summary of Evidence

"2014 Highest 173"

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Data pertaining to cases of accusation against default checks;

1. Each accusation letter "2014 Highest 421";

1. Defendant's legal statement;

1. Application of each accusation (including a check copy) statute;

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 former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.