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(영문) 서울남부지방법원 2016.12.06 2016고단1716

부정수표단속법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

From September 3, 2007, the Defendant entered into a check contract with the airport Dong branch of Sldrid Bank and the Defendant in the name of the Defendant and traded household checks.

On November 27, 2015, the Defendant issued one check number “E”, check amount “3,00,000,000,” and date of issuance on December 27, 2015, at the D office operated by the Defendant in the Gangseo-gu Seoul Metropolitan City, the Defendant issued one copy of the bank bank check in the name of the Defendant.

On December 29, 2015, the Defendant had not been paid as suspension of transactions even though the check was presented to the above bank by the holder on December 29, 2015, when the payment was presented.

In addition to this, the Defendant

1. From that time to November 21, 2015, from that time, as indicated in the list of crimes, the check holders issued KRW 24,00,000, total par value of the above bank’s household check under the name of the defendant and presented the check to the above bank within the period of presentment for payment, but did not receive the shortage of deposit and the suspension of transaction.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

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

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act with Respect to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Selection of Penalties;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the confession of the instant crime.

Part 14 of the 21 bill of indictment was recovered.

There is no record of punishment exceeding the same crime or fine.

The suspended sentence of imprisonment shall be sentenced in consideration of these circumstances.

Public Prosecution Rejection Parts

1. From September 3, 2007, the Defendant entered into a check contract with the airport Dong branch of the Slatera Bank from around 3, 2007, and traded household checks.

Defendant in attached Form

2. Each check is issued, as described in the list of offenses, and the check holder is present for payment.