Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
On November 13, 1997, the defendant is a person who has entered into an establishment contract with the Industrial Bank of Korea and engaged in the transaction of household checks, and the person who has issued or prepared a check shall not pay it on the date for presentation due to the shortage of deposits, suspension of transactions, or cancellation or termination of the check contract.
On February 2, 2014, the Defendant issued one copy of the household check issued in the name of the Defendant, which was the check number “E”, “E”, “5,00,000,000,” and “date of issuance”, at the office of “D Company” located in Daejeon Jung-gu, Daejeon, Daejeon, under the name of the Defendant.”
Nevertheless, the check was presented to the above bank on July 28, 2014, which was within the time limit for the presentation of payment, but the check was not paid as a reason for the suspension of transaction, and the total amount of 65,00,000,000 won was issued as shown in the attached Table Nos. 1, 3 through 8, 12, 13, 16, and 19, but was not paid as a reason for the suspension of transaction.
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 with regard to the facts constituting an offense and Article 2 (2) and (1) of the Act on the Prevention of Illegal Check
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The portion concerning the dismissal of public prosecution under Article 62(1) of the Criminal Act (i.e., reflective circumstances, such as reflectiveness, the fact that there are no criminal records for the accused (one time a fine is imposed on the accused) and the fact that some checks were collected);
1. The point of each check paper listed in No. 2, 9 through 11, 14, 15, 20, and 21 of the table of crime committed in the indictment;
2. Determination
(a) Applicable provisions of Acts: Article 2 (2) and (1) of the Illegal Check Control Act;
(b) Crimes of non-compliance with will: Article 2 (4) of the Control of Illegal Check Control Act;
C. Recovery of each of the above checks after the prosecution of this case
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;