A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

From May 15, 1998, the Defendant entered into a check contract in the name of the Ministry of Agriculture, Forestry and Fisheries and the Defendant’s wife C, and has traded the check number.

On April 1, 2001, the Defendant issued one check number “F,” the check amount “40,000,000,000,” and the date of issuance “14, 2001,” in the Defendant’s wife C, at a joint market operated by the Defendant in Pyeongtaek-si D apartment stores.”

After that, on November 14, 2001, the holder of the check presented the check to the above bank on November 14, 2001, which was within the time limit for presentment of payment, but the defendant did not pay it as a disposition of suspension

In addition, from around that time to May 13, 2001, the Defendant issued the check of shares as shown in the attached list of crimes, and did not receive the shortage of deposits and the suspension of transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of the accused (including part concerning the C’s statement);

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

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the selection of punishment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. There is a need for the corresponding punishment because there is no criminal liability of the defendant who has escaped from Korea to a foreign country in the check of the amount exceeding 100 million won in total of the reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order.

However, a suspended sentence shall be imposed in consideration of the following: (a) the Defendant recognized the Defendant as committing an offense; (b) there was no criminal record prior to the instant case; (c) the fact that the Defendant’s wife appears to have reached the instant case due to the difficulties in managing the joint market operated by the Defendant due to the large retailer occupants; and (d) the fact that the Defendant’s wife, who escaped from Korea to a foreign country, died after returning to Korea