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(영문) 수원지방법원 2018.11.28 2017고단8570
부정수표단속법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From May 3, 2016, the Defendant opened the Bank of Korea Labor and a check account in the name of the Defendant from May 3, 2016 and traded checks.

On August 10, 2017, the Defendant issued one check number “A”, “A” on the date of issuance, and “25 million won at face value” at the office of the above corporation Y located in the Young-gu, Young-gu, Suwon-si, Suwon-si, and presented the check around September 15, 2017 during the period for presentation, while the holder of the check presented the check at around September 15, 2017, the check was not paid as a suspension of transaction, from that time until September 1, 2017, the Defendant issued two copies of the check at least twice in total, as shown in the attached list of crimes No. 10 and No. 18, respectively, and presented two copies of the check within the period for presentation, but did not receive the check as a suspension of transaction.

Summary of Evidence

"2017 Highest 8570"

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusations, written request for confirmation on the issuance of checks, written request for confirmation, written request for registration, and statement of check account transactions suspension;

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 Punishment (Selection of Fines);

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. The sentencing guidelines do not apply since the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act, which are to attract the workhouse, are to select the reasons for sentencing.

The dismissed part of the prosecution in consideration of the fact that the defendant led to the confession of the crime of this case and did not seem to have failed to pay the check in bad faith, that the defendant tried to recover the check after the crime and collected most checks, that there was no record of punishment for the same crime, and that there was no other record of punishment, including the sum of face value of the defaulted checks.

1. In the facts charged, the Defendant, from around May 3, 2016, set up an Industrial Bank of Korea No. 8570 and a check account in the name of the Defendant from around May 3, 2016, and traded checks.

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