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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From April 26, 2011, the Defendant entered into a check contract in the name of the branch of the Nonghyup Bank and the Defendant’s child, and traded household checks.
On May 24, 2015, the Defendant issued one copy of the check number “E,” the check amount “5,00,000 won,” and “B, July 24, 2015,” in the name of “DMat” located in the iron-gun C of Gyeonggi-do, and one copy of the bank household check in the name of “E”.
On July 24, 2015, the holder of the check presented the check payment for the payment period.
However, the defendant was not paid due to the suspension of transaction.
The Defendant issued 14 copies of household checks equivalent to the total sum of 68,000,000 won among 14 times from May 24, 2015 to June 28, 2015, including the above acts, and presented during the payment period by the check holders, but the check holders were not paid due to the suspension of transaction.
According to F’s non-prosecution of punishment (the page 87 of the investigation record), F had expressed his intention not to punish the check Nos. 2 in the attached list of crimes, but attached photographic checks were “G’s check was not prosecuted.”
In addition, even according to the self-inspection report on July 20, 2016 submitted by the prosecutor, the two copies of the check for which F expressed his intention not to punish is not prosecuted.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect B of the police;
1. Each accusation;
1. Application of Acts and subordinate statutes to a copy of an application for current account transactions;
1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense;
1. Selection of each sentence 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. Article 62(1) of the Criminal Act provides that the sum of the checks in default on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution exceeds 68 million won, and in addition, the Defendant’s default on payment following the issuance of the ten Chapter for household checks shall be punished by a fine of 4.5 million won on February 2, 2016.