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(영문) 광주지방법원 2016.10.06 2016고단2148
부정수표단속법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from October 28, 2002, entered into a check contract with the KFFD in the name of the KFFC and entered into a check contract with the KFFC and entered into a transaction with the KFC, and on November 2, 2010, he was unable to issue the check upon receiving a disposition of suspension of transaction from the above bank.

Nevertheless, around June 2012, the Defendant issued to D a check number “E”, the check amount “90,000,000,000”, the date of issuance “F.30, 2015”, and the payer and the payment place “F.C. In the name of the Seocho-gu Seoul Metropolitan Government Seocho-gu, where the name is unknown.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 2 (1) 2 of the Control of Illegal Check Control Act and the Selection of Imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the face value of the per unit of this case reaches KRW 900 million, and the case is relatively heavy, etc. are disadvantageous to the Defendant.

However, it seems that D, which received the check of this case from the Defendant, received KRW 500 million for the purpose of the security in lending it to the Defendant, and that the possibility of financing the check of this case was relatively low from the beginning by considering the actual loan amount and the issue amount of the check of this case, etc., and the fact that the Defendant borrowed KRW 500 million from D and repaid the total of KRW 657 million to D, etc. is favorable to the Defendant.

In these circumstances, the sentence shall be determined as ordered by taking into account various sentencing conditions, including the Defendant’s age, character and conduct, and environment.

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