(영문) 서울북부지방법원 2015.07.09 2015고단1621

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.07.09 2015고단1621

부정수표단속법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 1992, the Defendant entered into a check contract with a member of a national bank, and has traded the number of shares in the name of the Defendant.

On January 2015, the Defendant issued a check number “E”, par value “50,000,000”, and the date of issuance “No. 10, 2015.” at the (ju) D office operated by the Defendant in Jung-gu Seoul, Seoul, the Defendant issued one check number per bank under the name of the Defendant.”

The holder of the check presented the check within the time limit for payment, but did not receive the check as a disposition of suspension of transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the accusation of the National Bank (No. 5 No. 5 of the evidence list);

1. Article 2 (2) and (1) of the Control of Illegal Check Control Act and the Selection of Imprisonment with prison labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence: (a) the fact that the amount of the default on the check of the number of units in this case, in which the defendant paid the check of the number of units in this case to the opposite contractual party for the settlement of goods price; (b) the fact that the defendant delivered the check of the number of units in this case to the opposite contractual party for a short period of time, etc. is disadvantageous to the defendant; (c) the defendant is divided and reflected in his criminal conduct in depth; (d) the defendant has been running his business; (e) the defendant collected all other tickets of units except the check of the number of units in this case at the investigation stage; (e) the defendant has no criminal history for the same crime; and (e) the defendant has no other criminal history for the same crime; and (e) the defendant

참조조문

-부정수표 단속법 제2조 제2항

-형법 제62조 제1항

유사 판례

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-대구지방법원 서부지원 2015.10.22 2014고단1026

-의정부지방법원 2014.08.14 2014고단1088