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(영문) 서울동부지방법원 2016.11.30 2016고단2191

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for not less than two 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

On March 12, 2001, the Defendant issued a check number “E”, face value “C million won” and “date of issuance” under the Defendant’s name, and issued one copy of the household check in the Defendant’s name, which was named as “E”, “E”, “C million won”, and “E March 5, 2016” as the retail store for fishing goods in the Defendant’s operation in Seongdong-gu Seoul Metropolitan Government, around November 2015, as a person who entered into a check contract with the branch of the Korea CF Bank Station under the Defendant’s name and traded the household check, and the Defendant did not receive the shortage of deposit.

In addition, from that to November 30, 2015, the Defendant issued a total amount of 9 million won of the household check in the name of the Defendant three times in total, as stated in the attached Table (1) No. 7, 12, and 14, including the following: (a) from that to that to November 30, 2015; and (b) the holder offered payment within the period for which payment was made; but (c) the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on a written accusation;

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act relating to the facts constituting an offense and Article 2 (2) and (1) of the same Act;

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

1. The portion dismissing the prosecution under Article 62 (1) of the Criminal Act (including the fact that there is no record of criminal punishment, confession and reflect of the crime in this case, some of the circumstances of the crime have been taken into account, and there is no dependent, and the health status is good);

1. The summary of the facts charged was that the Defendant did not pay as a shortage of deposit or suspension of transaction after issuing each check Nos. 1 to 6, 8, 11, 13, 15, and 17 of the annexed crime sight table (1) and each check No. 1 to 17 of the crime sight table (2).

2. The facts charged in this part of the judgment are the crimes falling under Article 2 (2) and (1) of the Illegal Check Control Act, for which a person who issues or prepares a check pursuant to Article 2 (4) of the same Act collects the check, and the defendant cannot institute a prosecution. The records of this case are examined.