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(영문) 인천지방법원 2017.03.30 2016고단9144
부정수표단속법위반등
Text

Defendant shall be punished by imprisonment for six months and by a fine of 1,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 10, 2016, the Defendant violated the Illegal Number Table Control Act entered the “C” office located in the Dong-gu Seoul Special Metropolitan City, Yongsan-si B as the “Won 15,000,000” of the par value issued by D, the “Won 15,00,000” of the check value issued by D, the date of issuance “F on June 30, 2016” into the face value of the check ( check number E) and the date of issuance, and then write off the face value “this detention (Won 20,000,000),” and the date of issuance “hon 20 August 20, 2016.”

In this respect, the defendant changed a copy of a check in the name of D.

2. On March 10, 2016, the Defendant: (a) issued F, who was aware of the alteration, for the purpose of check as if he was actually issued the check of the altered check to F; (b) on the front day of the Y church, which is located in the wall system of Goyang-si, Goyang-si; (c)

Accordingly, the defendant exercised the altered valuable security.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the charge book and a copy of the check;

1. Relevant provisions of the Act on the Regulation of Illegal Check for Criminal Facts and Article 5 of the Act on the Control of Illegal Check for Punishment (the alteration of a check and the concurrent imposition of fines to imprisonment) and Articles 217 and 214 (1) of the Criminal Act (the fact that the current oil is exercising securities, the choice of imprisonment with prison labor);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act on the suspension of execution (with respect to imprisonment);

1. The community service order under Article 62-2 of the Criminal Act;

1. In light of the former part of Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act, the reason for sentencing of the penalty [any unfavorable circumstance] is large or large, and disturbs the distribution order of securities, accumulated criminal records [a favorable condition] delivery of checks, the process of presentation by the holder (F) of checks, the circumstance in which checks were recovered (certificate of confirmation of the collection of checks submitted) and so forth, the lower limit of the applicable sentence shall be imposed, but the execution of imprisonment shall be suspended.

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