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(영문) 서울동부지방법원 2018.12.06 2018고단3214
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 September 22, 2015, the Defendant entered into a check contract in the name of the affiliated branch office of the Bank and the Defendant under the name of the Bank C, and traded over the check.

On December 8, 2017, the Defendant issued a check number “E”, check amount “25,00,000,000”, and the date of payment “C” in the name of the Defendant’s office located in Songpa-gu Seoul Metropolitan Government Office, Songpa-gu Office No. 907, and one copy of the check per bank under the name of Korea Bank C.

However, the Defendant, on March 23, 2018, presented the check at the above bank around the period for presentation, but did not receive as a disposition of suspension of transaction, including that the check holder paid the check at the above bank on or around March 23, 2018, which was within the period for presentation, and had not paid as a disposition of suspension of transaction. In addition, the Defendant, from November 9, 2017 to January 4, 2018, did not pay as a disposition of suspension of transaction the sum of KRW 150,286,00 in total seven times, as indicated in the attached list

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each accusation and 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The portion dismissing the public prosecution taking into account the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the conditions of sentencing as shown in pleadings, such as the circumstance after the crime, in which the amount of the check which was unpaid is not paid is divided and reflected in favor of him/her: The primary offender, the primary offender, and the fact that he/she appears to have made efforts to recover damage.

1. From September 22, 2015, the summary of the facts charged, the Defendant concluded a check contract in the name of a branch office of our bank and a stock company with the Defendant’s representative, and traded a check.

On January 4, 2018, the Defendant’s office located in Songpa-gu Seoul Metropolitan Government Office No. 907, “B” and “B”.

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