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(영문) 대구지방법원 2013.10.11 2013고단4632

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

【2013 Highest 4632】 From October 13, 2006, the Defendant entered into a check contract with the Daegu Bank’s new branch and the Defendant under the name of the Defendant, and entered into a check contract with the party.

On October 27, 2011, the Defendant issued the Policy Number D, face value D, 3,00,000, and the date of issuance on October 27, 2011, as shown in attached Table 1, such as issuance of one sheet of the unit number in the name of the Defendant, the bank at the place of payment, as shown in attached Table 1, from around that time to November 5, 201, the Defendant issued the Policy Number D, face value D, 3,00,000, and one sheet of unit number in the name of the Defendant, the bank at the place of payment.

However, although the check holder presented the check, he did not pay it as a measure of transaction suspension.

[2013 Highest 4585] On June 4, 2011, the Defendant issued one check number E, 3,000,000 won, and one check number in the Defendant’s name as of August 4, 2011, and the said check holder presented the check payment order to the Bank on August 4, 201, within the period for presentment of payment.

However, the Defendant did not pay for the suspension of transaction.

From that time to July 2011, the Defendant issued 15 copies of the check amount in total at 15 times in the same manner as indicated in the attached Table 2 of the Crimes List, and each check holder presented the payment of each check to the above bank within the period for which the check amount is presented, but the check was not paid as a disposition of suspension of transaction.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Defendant 2013 high-ranking 4585)

1. Defendant's legal statement;

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

1. Article 2 (1) of the Control of Illegal Check Control Act (Appointment of Imprisonment with prison labor), each of which is applicable to the facts constituting an offense;

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

1. As to the suspended sentence, confessions of crimes under Article 62(1) of the Criminal Act, reflects the violation, makes efforts to recover the check late, and is subject to criminal punishment in addition to a fine.