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(영문) 서울남부지방법원 2017.05.12 2017고단751
부정수표단속법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On February 8, 2010, the Defendant, who was the representative director of C, Inc., Ltd., and was the head of the headquarters of the said company, after opening a current account with the local branch office and the local branch office of the National Federation of Nonghyup, and receiving the current account.

E and the former Director

F, E and F agreed to issue the check for the check using the check paper.

In collusion with the above E and F, at the office of the above D Co., Ltd. around February 2010, the Defendant issued 1 copy of the check at issue on May 17, 2010, the issuer D representative director A, check number G, and check number 15 million won per face value, and issued 15 million won per face value, from that time until April of the same year, from that time, as shown in the list of crimes in the attached Table, and issued 90 million won per face value per face until April of the same year, and each of the holders presented payment within the payment period, but the “free transaction” is corrected as “suspension of transaction” pursuant to Article 2(2) of the Regulation of Illegal Check Act.

each of them was not paid.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of H in the second prosecutor's examination protocol against the defendant

1. Application of each statute on a written accusation;

1. Articles 2 (2) and 2 (1) of the Control of Illegal Check Act and the selection of imprisonment for a crime under the relevant Act;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, the amount of the instant default check reaches 282,500,000 won and is not good to be a crime. However, the Defendant committed the instant offense, and the Defendant’s mistake is against the Defendant, and the issuance of the instant default check was led by E and F, and the Defendant appears to have lent only the name of representative director, the Defendant did not have a criminal record exceeding the fine, and the Defendant’s age, sex, environment, motive, means, and consequence of the instant default check.

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