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(영문) 수원지방법원 2016.06.01 2014고단7198
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

From May 12, 1993, the Defendant entered into a check contract with the Bank of Korea's location in the Bank of Korea and traded the household check.

On October 16, 2013, the Defendant issued one copy of the check number “C”, “5,000,000 won at face value”, and “ October 16, 2013” at a place where it is impossible to identify the place around October 16, 2013, and issued one copy of the household check at the above bank. On October 17, 2013, when D, who is the holder of the said check, presented the check to the above bank on October 17, 2013, the payment period for which was presented, but did not receive the said check at non-transaction (on July 18, 2013, when the contract was terminated), as indicated in subparagraphs 1 and 4 of the attached list of crimes.

On April 2013, the Defendant issued a check number E, face value of five million won, and issued a family check on July 16, 2013, which was issued and presented within the period for presentation, but did not pay the check due to the shortage of deposits, and issued a check at the same time on July 16, 2013, the Defendant failed to pay the check due to the shortage of deposits and the suspension of transactions in attached Table 12, 17, 18, 19, 19, 19, 17, 19, 19, 20, 21, 24, 26 of the daily list of crimes in attached Form 3, 5, 6, 7, 8, 9, 11, 12, 17, 18, 19, 20, 21, 24, 26.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to each accusation and copies of defaulted checks;

1. Article 2 (2) and Article 2 (1) (Issuance of Illegal Check) of the Control of Illegal Check Act and the selection of imprisonment with labor for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution provides that the total sum of checks that the Defendant did not pay for the shortage of deposits after the issuance of a check with the reason for sentencing is large, but the Defendant is a primary offender who has no record of committing any crime, and the business has been operated in good faith for not less than 30 years, but the relationship between a superior supply company and a final demand company and a large company.

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