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(영문) 창원지방법원 마산지원 2021.01.26 2020고단1133
부정수표단속법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

From August 23, 1995, the Defendant entered into a check contract with B in the name of B and the Defendant, and traded household checks.

On March 20, 2020, the Defendant issued one copy of the check number “F”, “5,00,000 won”, “F”, “5,000,000 won”, and “on July 10, 2020,” which was the date of payment, at the D office operated by the Defendant in Changwon-si, a customer E, as the price for goods, and at the D office operated by the Defendant, the Defendant issued one copy of the bank’s household check under the name of the Defendant, “on July 10, 2020, the holder presented it on July 10, 2020, which was within the period of payment presentation, but did not receive it on the date of presentation due to the disposition of transaction suspension, as shown in the attached list of crimes, from that time until May 4, 2020, the Defendant issued 18,852,129 won total face value of the household check and presented it within the period of payment, but did not receive the disposition of transaction suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Application of Acts and subordinate statutes to each copy of a check;

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, and Article 2 (2) and (1) of the Act on the Control of Illegal Check and Selection of Imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

A. The First Crimes (Violation of the Control of Illegal Check Act) / [Case 1] the issuance, etc. of unlawful checks / [No. 1] the issuance, preparation, and default of checks / [the territory of recommendation and recommendation and the scope of punishment] basic field, six months through one year and six months;

B. The crime No. 2 (Violation of the Control of Illegal Check Act) [Type 1] The issuance, etc. of unlawful checks [No. 1] the issuance, preparation, and non-payment of checks [no. 1] [the territory of recommendation and the scope of recommended sentences].

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