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(영문) 인천지방법원 2016.11.11 2016고단6381

부정수표단속법위반

Text

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

Reasons

Punishment of the crime

From May 6, 1997, the Defendant entered into a contract for the opening of the check of shares in the name of the principal branch of the National Bank and the Defendant from around May 6, 1997, and has traded the check of shares.

From January 2005 to March 2, 2005, the Defendant issued one check number D, par value “D,” and one check number per bank under the name of the Defendant, which is the date of issuance “No. 23, 2005.”

Since then, around March 23, 2005, the check holder presented the check at the Gogangdong branch of the Incheon Bank of Korea on the date of payment, but did not receive the deposit shortage. From January 2005 to March 3, 2005, the check holder issued the check at the above amount of KRW 13,400,000,000 in total over six times, such as the check of crime, but did not receive the check on the date of payment due to the shortage of deposit and the suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to bills of accusation and copies of dishonor checks;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010) that applicable to the crime and Article 2 (2) and (1) of the previous Act on the Control of Illegal Check Control Act (amended by Act No.

1. Among concurrent offenders, the unpaid check amount for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be taken into account, the reasons for and the accused’s criminal records, etc.;