beta
(영문) 대구지방법원 서부지원 2017.03.16 2016고단2667

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 24, 2016, at the defendant's house located in Daegu-gu Btel 811, the defendant copied the front side of the check ( check number C) issued in the paper A4 in his own account using a knife knife knife knife knife, and forged 100,000 won knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. Each E, D, and F statement;

1. Application of each protocol of seizure and each list of seizure to statutes;

1. Article 5 of the Control of Illegal Check Act concerning facts constituting an offense;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. The Defendant’s crime of this case on the grounds of sentencing under Article 6 of the Control of Illegal Check Act, Article 334(1) of the Criminal Procedure Act is not good enough to commit the crime of this case, and the Defendant committed the crime of this case immediately after he was sentenced to a suspended sentence of two years from the Daegu District Court on February 16, 2016 due to the violation of the Electronic Financial Transactions Act, in the Daegu District Court’s violation of the Electronic Financial Transactions Act.

The fact that the method of forging a check is not disturbed, it is not visible to be forged actively with the intention to distribute the check, the fact that the actual damage caused by the distribution of the check is minor, and the defendant is pening and against it is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.